Thông tư 02/2017/TT-BLDTBXH

CIRCULAR

GUIDELINES FOR ORGANIZATION OF THE OCCUPATIONAL SAFETY AND HEALTH ACTION MONTH

Pursuant to the Law on occupational safety and hygiene No. 84/2015/QH dated June 25, 2015;

Pursuant to the Government’s Decree No. 106/2012/ND-CP dated December 20, 2012 defining the functions, tasks, powers and organizational structure of the Ministry of Labour, War Invalids and Social Affairs;

Pursuant to Decision No. 87/QD-TTg dated January 12, 2016 on organization of the Occupational Safety and Health Action Month;

At the request of Director of the Department of Work Safety;

Minister of Labour, War Invalids and Social Affairs promulgates a Circular providing guidelines for organization of the Occupational Safety and Health Action Month.

Article 1. Scope

This Circular provides the guidelines for organization of the annual Occupational Safety and Health Action Month.

Article 2. Regulated entities

This Circular applies to state regulatory bodies on occupational safety and health at all levels; business and production establishments; and other organizations and individuals involved in the occupational safety and health.

Article 3. Topic of the Occupational Safety and Health Action Month

Ministry of Labour, War Invalids and Social Affairs shall annually base on existing conditions and the reality of occupational accidents and occupational diseases to develop the general topic of the Occupational Safety and Health Action Month. Ministries, regulatory bodies, local governments, and business and production establishments may select specific topics for the action month in conformity with social – economic conditions and the reality of occupational safety and health of each ministry/ regulatory body/ local government.

The topic of the Occupational Safety and Health Action Month must be expressed in a succinct and unambiguous way with specific objectives and the message to encourage action and improve awareness and adherence to the law on occupational safety and health, paying special attention to key and important issues concerning occupational safety and health affected businesses, society and public psychologically.

Article 4. Contents of the Occupational Safety and Health Action Month

Focus on the organization and performance of specific actions to develop the topic of the Occupational Safety and Health Action Month; regulations of the Law on occupational safety and health, requirements, directions and orientations in occupational safety and health affairs; objectives to improve working conditions, prevent occupational accidents and occupational disease, and foster a civilized lifestyle and labor safety culture at the workplace.

Encourage the connection and association between activities of the Occupational Safety and Health Action Month and the environmental protection, the prevention and control on climate changes, the fire fighting and prevention, and activities of the Workers Month.

The main activities of the Action Month include:

1. Activities organized by Ministries/ regulatory bodies/ local governments

a) Organize communication activities relating to occupational safety and health topic

- Prepare, send or deliver messages and/or slogans about the topic and contents of the Occupational Safety and Health Action Month; provide documents and information concerning the topic and contents of the Action Month to mass media agencies; disseminate and propagate the topic and contents of the Action Month on newspapers, radio/television channels, internet network, mobiles and social networking websites.

- Design sample communication products, written instructions and documents; print and deliver flyers, banners and mottos; present propagation films to disseminate and instruct labour safety skills and process to workers; organize mobile vehicles to propagate the occupational safety and health topic.

b) Organize the Launching Ceremony of the Occupational Safety and Health Action Month

The Launching Ceremony of the National Occupational Safety and Health Action Month shall be organized at a key province or city by Ministry of Labour, War Invalids and Social Affairs in association with relevant ministries/ regulatory bodies/ local governments.

Ministries/ regulatory bodies/ local governments shall organize the Launching Ceremony or specific activities to respond to the Action Month in conformity with their actual conditions in a practical and efficient way.

The Launching Ceremony shall be organized with the participation of authorized leaders of the Communist Party Committees and governments at all levels, and relevant agencies, organizations and/or associations; representatives of enterprises, workers and students in the province or city where the Launching Ceremony is organized.

The Program of the Launching Ceremony includes the following basic contents: present overviews of the reality of occupational safety and health affairs, the reality of occupational accidents; launch and disseminate message of the Occupational Safety and Health Action Month; commend and reward the achievements in occupational safety and health.

c) Conduct occupational safety and health inspections

Organize specialized or interdisciplinary occupational safety and health inspection teams. The inspection shall focus on the compliance with requirements and directions according to the launching topic of the Action Month in year; the adherence to regulations of the law on occupational safety and health; sectors/ occupations/ fields facing high risk of occupational accidents and occupational diseases.

d) Launch occupational safety and health campaigns and/or emulation movements

Ministries/ regulatory bodies/ local governments shall, on an annual basis or at each period, launch occupational safety and health campaigns and/or emulation movements in the Action Month with the aim of speeding up the implementation of the Law on occupational safety and health at agencies, business and production establishments/ units and society.

Contents of campaigns or emulation movements should be aimed at objectives and measures to improve working conditions, prevent occupational accidents and occupational diseases, build and develop the culture of prevention on occupational safety and health, industrial behavior, and labour disciplines, and foster a civilized lifestyle and labour safety culture at the workplace.

dd) Commend and reward occupational safety and health achievements

Ministries/ regulatory bodies/ local governments shall, pursuant to regulations of the Law on emulation and commendation, and based on their status, commend and reward teams and individuals having excellent achievements in occupational safety and health in the Occupational Safety and Health Action Month.

With respect to commendation and reward on occupational safety and health achievements under the competence of Ministry of Labour, War Invalids and Social Affairs or subject to the Prime Minister’s decision, Ministries/ regulatory bodies/ local governments/ business and production establishments shall actively prepare and submit the applications for commendation and reward to the Ministry of Labour, War Invalids and Social Affairs (via the Department of Work Safety) by January 31^st every year.

e) Organize some activities specializing in the occupational safety and health topic

Organize some activities specializing in the occupational safety and health topic in conformity with specific conditions in each year such as talks on policies on occupational safety and health, seminars, conferences and meetings about the occupational safety and health topic, consultancy, training and drilling in labour safety skills and process, health examination, and examination of occupational diseases for workers.

g) Organize other activities such as visiting and supporting victims of occupational accidents and occupational diseases and their families; organizing arts/cultural exchanges which contain occupational safety and health contents; visiting business and production establishments with typical occupational safety and health models.

2. Activities organized by business and production establishments

Maintain regular activities relating to occupational safety and health in accordance with regulations of law, paying attention to the following basic contents:

a) Design and organize specific action programs on occupational safety and health at business and production establishments;

b) Formulate, review and supplement rules and procedures for safe work; inspect and evaluate risks of occupational safety and health to each machinery, equipment, workshop, and working group/team to work out measures to efficiently prevent and cope with emergencies/risks of occupational accidents or occupational diseases.

c) Review and organize drilling and training activities in occupational safety and health in conformity with each group of subjects as regulated by law; provide information and advice, instructions to workers to evaluate risks of occupational safety and health; examine and verify machinery, equipment and materials bound by strict requirements for occupational safety and health.

d) Organize examination of health and occupational diseases for the workers; carry out the monitoring of working environment.

dd) Organize practice or maneuvers of skills for coping with technical errors relating to labour safety, practice of first-aid skills; organize contests for improving working conditions, preventing occupational accidents and occupational diseases; sign manual agreement to ensure the occupational safety and health at workshops, groups or teams in conformity with specific conditions of each business and production establishment/ unit.

e) Groups, corporations, and business and production establishments are encouraged to organize launching ceremonies to respond to the Occupational Safety and Health Action Month; commend and reward teams/individuals having excellent performance in occupational safety and health activities; visit and support victims of occupational accidents or occupational diseases and their families; organize arts/cultural exchanges whose contents include occupational safety and health contents in conformity with existing conditions of each unit.

Article 5. Organization period

The Occupational Safety and Health Action Month shall be organized from the 01^st day to 31^st day of May every year.

The Launching Ceremony of the Occupational Safety and Health Action Month shall be organized in one day within the period from the 01^st day to 10^th day of May every year.

Article 6. Implementation organization

1. Ministry of Labour, War Invalids and Social Affairs

a) Instruct the launching of the Occupational Safety and Health Action Month nationwide.

b) Take charge and cooperate with Ministry of Health, Vietnam General Confederation of Labor and relevant ministries/ regulatory bodies in carrying out an unanimous agreement on the plan and selection of key province/city, topic, contents, form of organizing the Launching Ceremony of the Occupational Safety and Health Action Month and some other activities with the national stature in conformity with regulations in Clause 1 Article 4 herein.

c) Prepare and deliver messages, slogans and communication documents in the Occupational Safety and Health Action Month to local governments, business and production establishments, as well as post them on the website of the Department of Work Safety at: http://www.antoanlaodong.gov.vn and the portal of Ministry of Labour, War Invalids and Social Affairs at:  http://www.molisa.gov.vn; coordinate with mass media agencies in disseminating and propagating the topic and contents of the Action Month.

d) Consolidate results of activities of the Action Month organized by Ministries, regulatory bodies and local governments in the whole country, and submit the consolidated report to the Prime Minister.

2. Relevant Ministries, regulatory bodies and agencies

a) Relevant Ministries, regulatory bodies and agencies shall formulate plans and organize suitable and practical activities to respond to the Occupational Safety and Health Action Month; coordinate with the Ministry of Labour, War Invalids and Social Affairs to organize the Launching Ceremony of the Occupational Safety and Health Action Month; instruct units/establishments under their management to carry out activities to respond to the Action Month; consolidate and evaluate the results of the Occupational Safety and Health Action Month.

b) Request the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, the Vietnam Cooperative Alliance, and Vietnam Farmer’s Union to cooperate in organizing the Launching Ceremony of the Occupational Safety and Health Action Month; formulate programs or plans, organize and instruct units/establishment under their management to organize activities to respond to the Action Month; evaluate and report results of the Occupational Safety and Health Action Month.

3. People’s Committees of all levels

a) Formulate plans and provide instructions for organizing activities of the annual Occupational Safety and Health Action Month in province.

b) Instruct and assign duties to relevant departments/boards/regulatory bodies in the province to organize activities in response to the Occupational Safety and Health Action Month at district and communal levels; regularly inspect, expedite and evaluate the organization or compliance with occupational safety and health requirements at units/establishments under their management.

c) Allocate funds to organize practical activities in response to the Action Month in conformity with local conditions as regulated in Clause 1 Article 4 herein. However, funds for key or unsolved issues relating to local occupational safety and health affairs shall be prioritized.

d) Organize communication and propagation activities, and education of law on occupational safety and health in conformity with the topic of the Action Month and the local reality with paying special attention to non-contract workers in local areas; hang and deliver flyers, posters, documents and written instructions on safety work process to workers in public places.

4. Departments of Labour, War Invalids and Social Affairs of provinces/central-affiliated cities and District-level Offices of Labour, War Invalids and Social Affairs

a) Take charge and coordinate with Provincial-level Occupational Safety and Health Councils and relevant agencies in providing advice to People’s Committees about direction and promulgation of plans to develop the Occupational Safety and Health Action Month in local areas.

b) Formulate programs/plans and organize practice and suitable activities in response to the Occupational Safety and Health Action Month in local areas.

c) Design publications and documents to disseminate information in the Action Month, deliver them to business and production establishments and workers in regions without labour relations.

d) Consolidate and prepare reports on the results of the Occupational Safety and Health Action Month in provinces/districts.

5. Groups, Corporations, and business and production establishments

a) Based on contents mentioned in Clause 2 Article 4 herein, formulate plans and estimate costs for performing activities of the Occupational Safety and Health Action Month in conformity with their business reality.

b) Instruct their member companies to organize practical activities in response to the Occupational Safety and Health Action Month.

c) Consolidate, evaluate and submit reports on the results of the Occupational Safety and Health Action Month to competent agencies.

Article 7. Reporting

1. Business and production establishments, and Offices of Labour, War Invalids and Social Affairs shall submit reports on the Occupational Safety and Health Action Month to Provincial Departments of Labour, War Invalids and Social Affairs by July 15^th every year using the Form stated in the Appendix enclosed with this Circular.

2. Ministries, regulatory bodies, corporations, groups, and Provincial Departments of Labour, War Invalids and Social Affairs shall submit reports on the Occupational Safety and Health Action Month to Ministry of Labour, War Invalids and Social Affairs by July 30^th every year using the Form stated in the Appendix enclosed with this Circular.

Article 8. Implementation provision

This Circular shall come into force as from April 06, 2017 and supersede the organization of the National Week on occupational safety and health & fire prevention as instructed in the Guidance No. 4280/BCDTLQG-ATLD dated November 30, 2006 of the National Steering Board of the National Week on occupational safety and health & fire prevention.

Any difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Labour, War Invalids and Social Affairs for guidance.

APPENDIX

REPORT ON THE OCCUPATIONAL SAFETY AND HEALTH ACTION MONTH
(Enclosed to the Circular No. 02/2017/TT-BLDTBXH dated February 20, 2017 by Ministry of Labour, War Invalids and Social Affairs)

I. ORGANIZING THE ACTION MONTH

1. Instructing, announcing plan, inspecting and expediting the plan implementation.

2. The Launching Ceremony of the Occupational Safety and Health Action Month (if any).

3. The activities organized in the Action Month

4. Funding for the Occupational Safety and Health Action Month

- Funding from state budget or funds of the business and production establishment

- Funds derived from state budget, contributions by enterprises and other legal sources of funding (if any)

II. GENERAL ASSESSMENT
1. Achievements; experiences

2. Difficulties, shortcomings

3. Proposals

4. Figures about activities of the Action Month (using Form No. 1).

Form No. 1

FIGURES ABOUT ACTIVITIES OF THE ACTION MONTH
(Enclosed with the Report on the Occupational Safety and Health Action Month)