Responsibility for occupational safety is not an issue that needs to be “investigated” every time an occupational accident occurs. It is the responsibility of all parties right from the control of occupational safety and prevention of occupational insecurity until the detection and handling of incidents. Specifically, whose responsibilities and how, let’s find out with Elevator Magazine.
Article 18 of the 2015 Law on Occupational Safety and Health stipulates the inspection of dangerous and harmful factors at the workplace, specifically as follows:
Employers must organize the assessment and control of dangerous and harmful factors at the workplace in order to propose technical measures for occupational safety and hygiene and take care of their health motion; implement decontamination and sterilization measures for employees working in places with toxic and infectious factors.
– For harmful factors prescribed by the Minister of Health to allow exposure limits to control harmful effects on workers’ health, the employer must organize working environment monitoring to assess the health of employees, harmful factor prices at least once a year. The unit organizing the monitoring of the working environment must have sufficient facilities, materials, equipment and human resources.
For hazardous factors, the employer must regularly control and properly manage technical requirements to ensure occupational safety and hygiene at the workplace and at least once a year must organize inspect and evaluate this factor.
– Immediately after the results of working environment monitoring to assess harmful factors and results are available, the employer must: publicly announce, provide information, take remedial measures, control the dangerous factors and harmful factors at the workplace in order to ensure occupational safety and hygiene, and to take care of the health of workers.
– The Government shall detail the control of dangerous and harmful factors at the workplace and operating conditions of the working environment monitoring organization in accordance with the Law on Investment and the Law on Enterprises. .
The above is the regulation on the inspection of dangerous factors, harmful factors in the workplace in general. Particularly for elevators – an item of a construction work, it is necessary to have specialized assessment content at the construction site according to the provisions of Decree 06/2021/ND-CP Guiding construction quality management and maintenance construction works as follows:
Accordingly, elevators are construction work items that need to be inspected before being put into use and periodically inspected according to regulations of the Ministry of Labor, War Invalids and Social Affairs.
Readers learn more about Elevator Inspection at: Elevator Inspection and Things to Know
Employer’s rights:
Employers have the rights specified in Clause 1, Article 7 of the Law on Occupational Safety and Health, specifically as follows:
Require employees to comply with regulations, procedures and measures to ensure occupational safety and health at the workplace.
– Reward employees for good observance and discipline employees who violate in the implementation of occupational safety and health.
– Mobilize employees to participate in emergency response, overcoming incidents and occupational accidents.
Obligations of the employer:
Employers have the obligations specified in Clause 2, Article 7 of the Law on Occupational Safety and Health as follows:
– Develop, organize, implement and actively coordinate with agencies and organizations in ensuring occupational safety and health at the workplace within the scope of their responsibilities; pay occupational accident and occupational disease insurance for employees.
– Organize training and guide the regulations, rules, procedure and measures to ensure occupational safety and health; fully equipped with means and tools of work to ensure occupational safety and hygiene; perform health care, occupational disease examination and detection; fully implement the regimes for employees suffering from occupational accidents and occupational diseases.
– Do not force employees to continue to work or return to the workplace when there is a risk of occupational accidents that seriously threaten the life or health of workers.
– Appoint people to supervise and inspect the implementation of regulations, processes and measures to ensure occupational safety and health at the workplace.
– Arrange the department or person to do the work of occupational safety and health; coordinate with the grassroots trade union executive committee to establish a safety and hygiene network for students; delineation of responsibilities and delegation of authority for occupational safety and health.
– Develop plans for incident handling and emergency response and organize on-site first-aid teams in accordance with law; First aid teams must be trained and regularly trained.
Article 38 of the 2015 Law on Occupational Safety and Health stipulates the employer’s responsibilities towards employees suffering from occupational accidents or diseases, specifically as follows:
Employers are responsible for employees suffering from occupational accidents or occupational diseases as follows:
– Timely give first aid to employees suffering from occupational accidents and must advance first aid, emergency and treatment expenses for employees suffering from occupational accidents or occupational diseases.
– Payment of medical expenses from first aid and emergency treatment to stable treatment for people suffering from occupational accidents or occupational diseases as follows:
+ Payment of co-pay costs and expenses not on the list covered by health insurance for employees participating in health insurance.
+ Paying fee for assessment of working capacity decrease in cases where it is concluded that the working capacity decrease is less than 5% because the employer introduces the employee for assessment of working capacity decrease at the Medical Examination Council.
+ Full payment of medical expenses for employees who do not participate in health insurance.
– Pay full wages to employees suffering from occupational accidents or diseases and having to leave work during the period of treatment and rehabilitation.
– Compensation for employees suffering from occupational accidents which are not entirely caused by this person’s fault and for employees suffering from occupational diseases with the following levels:
+ At least equal to 1.5 months’ salary if working capacity is reduced from 5% to 10%; then for every 1% increase, 0.4 month’s salary will be added if the working capacity is reduced from 11% to 80%.
+ At least 30 months’ salary for employees whose working capacity is reduced by 81% or more or for employees’ relatives who die due to labor accidents or occupational diseases.
– Allowances for employees suffering from occupational accidents which are caused by their own fault with an amount of at least 40% of the above-stipulated level with the corresponding decrease in working capacity.
– To introduce workers suffering from occupational accidents and diseases to medical assessment to determine the degree of working capacity decline, to receive treatment, nursing, and occupational rehabilitation in accordance with the law. .
– Make compensation and allowances for people suffering from occupational accidents and diseases within 5 days from the date of conclusion of the Medical Assessment Council on the decrease in working capacity or from the day the occupational accident investigation team publishes the occupational accident investigation report for fatal occupational accidents.
– Arrange jobs suitable for health according to the conclusion of the Medical Assessment Council for employees suffering from occupational accidents or occupational diseases after treatment or rehabilitation if they continue to work.
– Prepare a dossier for enjoyment of the occupational accident and occupational disease regime from the Labor Accident and Occupational Disease Insurance Fund according to regulations.
– The salary used as a basis for the implementation of compensation, allowance and salary regimes paid to employees who quit their jobs due to occupational accidents or occupational diseases is the salary including salary, wage allowances and other benefits. Other additional amounts shall comply with the provisions of the labor law.
In addition, according to Decree 06/2021/ND-CP Guiding construction quality management and construction maintenance, all subjects related to elevators – a construction work item are responsible for responsibility to ensure labor safety, prevent damage to both people and property.
Workers when operating on the construction site must comply with the following regulations to ensure labor safety on the construction site:
III. Responsibilities of the parties involved
When detecting that an elevator shows signs of danger that is not safe for exploitation and use, relevant parties need to properly perform their responsibilities as prescribed in the law, specifically:
– Check the current status of the project.
– Organize quality inspection of works (if necessary).
– Decide to take urgent measures such as limiting or stopping use, zoning danger, moving people and property to ensure safety.
– Immediately report to the nearest local authority.
– Repair damage that threatens to affect the safety of use, operation or demolition when necessary.
– When receiving information about the elevator has an accident or signs of danger, not ensuring the safety for exploitation and use responsibly to apply the prescribed safety measures. In case of failure to handle in time, causing damage to people and property, they must take responsibility according to the provisions of law.
– Inspect, notify, request and guide the owner or manager, use the work to survey, inspect quality, assess the level of danger, carry out repair or demolition parts of works or works (if necessary).
– Request the owner or manager, using the building to take emergency measures and the time to take emergency measures in case the owner or manager, using the elevator is not active performed to ensure safety.
– Handle the responsibility of the owner or manager, using the cooler in accordance with the law when failing to comply with the requirements of the competent state management agency prescribed.
– When receiving information about the elevator has an accident or signs of danger, not ensuring the safety for exploitation and use, it is the responsibility to apply the prescribed safety measures. In case of failure to handle in time, causing damage to people and property, they must take responsibility according to the provisions of law.
The above are regulations on the responsibilities of objects related to occupational safety. The control of elevator safety, preventing the risk of occupational unsafety for both workers and elevator users is extremely important and should be recognized synchronously.
