Today, LSX Lawfirm will give you an article about: “Prohibited acts in occupational safety and health in Vietnam”, as follows:
Legal grounds:
Law on occupational safety and hygiene in 2015
What is occupational safety and health?
Occupational safety is a solution to prevent and combat the impact of dangerous factors in order to ensure that no injury or death occurs to people during the working process.
For occupational hygiene, it is a solution to prevent the impact of harmful factors, cause diseases, and degrade human health during the working process.
It means that dangerous factors in occupational safety can understand as factors that cause unsafety, injury, or death to people during the working process. Harmful factors in occupational hygiene understand as factors that cause diseases and degrade human health during the working process.
Prohibited acts in occupational safety and health
According to the law, there are 7 acts that must not do in occupational safety and health, specifically:
– Regarding occupational accidents and occupational diseases
- Employers must not: Conceal, declare, or report untruthful labor accidents or occupational diseases;
- Failure to comply with requirements and measures to ensure occupational safety and health;
- Forcing employees to work or not to leave the workplace when there is a risk of occupational accidents;
- Forcing employees to continue working when the risk of occupational accidents is not yet safe.
– About paying insurance
- Employers and insurance organizations must not:Evasion, late payment of insurance premiums for occupational accidents and diseases;
- Misappropriation of money to pay for and enjoy occupational accident and occupational disease insurance;
- Fraud and forged records in the implementation of occupational accident and occupational disease insurance;
- Failure to pay occupational accident and occupational disease insurance for employees;
- Managing and using the occupational accident and disease insurance fund in contravention of law;
- Illegally accessing and exploiting the database on occupational accident and occupational disease insurance.
– Regarding the use of machines, equipment, and materials
- Employers do not use machines, equipment, and supplies with strict requirements on occupational safety and sanitation in a number of cases:Not inspected;
- Unsatisfactory inspection results;
- No origin, clear origin;
- Out of date;
- The quality does not guarantee, causing environmental pollution.
Regarding the work of ensuring occupational safety and hygiene
- Enterprises and establishments with functions in ensuring occupational safety and hygiene are prohibited from:Fraud in activities of inspection, training on occupational safety and health, working environment monitoring, medical assessment;
- Obstructing, causing difficulties, or causing damage to the lawful and legitimate rights and interests of employees and employers.
About skills of the labor
Enterprises are prohibited from employing workers or doing jobs with strict requirements on occupational safety and health without training in occupational safety and health.
About the method of taking care of employees’ health
The law prohibits employers pay cash instead of compensation in kind to ensure the health of employees.
Individuals and organizations related to occupational safety and health must strictly abide by the prohibitions of the law. This job not only protects the life and health of employees but also ensures assets and property for businesses and the whole society. Therefore, violators will be subject to appropriate sanctions.
Related articles:
Principles of worker protection in Vietnam
Procedures for paying social insurance premiums of representative offices
Related question:
This is stipulated in the law, so taking safety measures is a mandatory condition during work. The second benefit that occupational safety and health brings is to ensure the rights and obligations of both employees and employees.
Employees have the right to refuse to do work or leave the workplace while still being paid full wages and not be considered a violation of labor discipline when it is clear that there is a risk of serious life-threatening occupational accidents. or their health, but must immediately notify the direct manager for a treatment plan.
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