Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Further to its observation, the Committee notes with interest the comprehensive information provided in the Government’s latest report, including responses provided by the Government indicating further effect given to Articles 3(b), 7, 8, 10, 11(e) and (f), 15, 16(2), and 20 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regard to the Convention, and in particular those adopted to give effect to Article 4 of the Convention.

Article 2, paragraphs 2 and 3. Exclusion of limited categories of workers. The Committee notes that the Government has not provided further information on its exclusion of self-employed workers from the application of the Convention. The Committee reiterates its request that the Government provide information on the problems encountered with regard to applying safety and health measures to self-employed workers, and supply indications on progress made towards application of the Convention to all economic sectors, including self‑employed workers.

Article 3, subparagraph (e). Health, in relation to work, includes physical and mental elements. The Committee notes the Government’s statement that the Circular on procedures to diagnose and detect occupational disease (No. 12/2006/TT-BYT dated 10 November 2006) has been issued to identify whether a person has contracted an occupational disease. The Committee asks the Government to supply a copy of this Circular with its next report, and to indicate whether the physical and mental features affecting health directly linked to safety and health are covered.

Article 5, subparagraphs (a) and (b). Design of the material elements of work, and the relationships between them and the persons who carry out or supervise the work. The Committee notes the information stating that one of the projects under the National Programme on Labour Protection, Occupational Safety and Health for 2006–10 is to build the capacity of scientific and technological research and application on occupational safety and health, including an assessment of the current situation of working conditions, working environment and the use of personal protective equipment. The Committee asks the Government to provide further information on how the national policy takes into account the design of the material elements of work, and the relationships between them and the persons who carry out or supervise the work.

Article 5, subparagraph (e). Protection of workers and their representatives. The Committee notes that the Government has not provided information with regard to the protection of workers and their representatives from disciplinary measures as a result of actions taken by them in conformity with the national policy. The Committee reiterates its request that the Government provide information on measures taken or envisaged to give effect to Article 5(e) of the Convention.

Article 11, subparagraphs (a) and (b). Determination of work conditions and work processes. The Committee notes the information indicating that Circular No. 04/2008/TT-BLDTBXH dated 27 February 2008 was issued to provide regulations and guidance on procedures to register and examine machines, equipment, and substances, which have strict occupational safety and health requirements. The Committee asks the Government to supply a copy of the abovementioned Circular with its next report, and to provide further information on measures undertaken or envisaged to give full effect to Article 11(a) and (b).

Article 12. Obligations on those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s statement that the design, provision or transfer of machinery or substances for occupational use has been provided in relevant technical standards and procedures to ensure safety. The Committee asks the Government to provide further information on how each paragraph of Article 12 is given effect by the abovementioned technical standards and procedures, and to supply copies of the relevant standards with its next report.

Article 13. Protection of workers who remove themselves from situations of imminent and serious danger. The Committee notes the information provided by the Government indicating that section 16(2) of Decree No. 06/CP dated 20 January 1995 stipulates that workers have the right to refuse to work or leave the place where there is a risk of occupational accidents that pose a serious threat to their life and health. The Committee asks the Government to supply a copy of the abovementioned Decree, and to provide further information on the protection of such workers from undue consequences as a result of their actions.

Article 17. Collaboration between two or more undertakings. The Committee notes the Government’s statement that legislation on labour and occupational safety and health does not regulate the collaboration of two or more undertakings engaging in activities simultaneously at one workplace. The Committee requests the Government to take the necessary measures in law and practice to ensure collaboration in applying the requirements of this Convention whenever two or more undertakings engage in activities simultaneously at one workplace.

Article 19, subparagraphs (b), (c) and (e). Arrangements at the level of the undertaking. The Committee notes the information that the Inter-ministerial Circular on providing guidance on labour protection and business establishments (No. 14/1998/TTL-BLDTBXH-BYT-TLDLDVN dated 31 October 1998) requires enterprises to set up a labour protection council, which consists of representatives of workers and employers, to advise business owners about the plan on labour protection, measures to ensure occupational safety and health, improve working conditions and prevent occupational accidents and diseases in the enterprise. The Committee asks the Government to supply a copy of the abovementioned Circular with its next report, and to provide further information on measures taken or envisaged to ensure that representatives of workers cooperate with employers, and are given adequate information, on occupational safety and health at the workplace (Article 19(b) and (c)); and measures to enable workers or their representatives and, as the case may be, their representative organizations in an undertaking, in accordance with legislation, to inquire into and be consulted by the employer on all aspects of occupational safety and health associated with their work (Article 19(e)).

Part V of the report form. Application in practice. The Committee notes the information provided by the Government indicating the decrease in the number of serious and fatal accidents at work, and highlighting the high number of accidents occurring in the sectors of construction, mining, electricity and agriculture. The Committee also notes the information indicating that the majority of reported cases of occupational disease concern silica-induced lung diseases, deafness due to noise, and lead-poisoning induced diseases; and that the number of cases of occupational disease may be considerably higher than the number reported. The Committee welcomes the information concerning activities undertaken by the Government to promote awareness of occupational safety and health through advisory and awareness raising programmes in the mass media, and the holding of a National Week on Occupational Safety and Health. The Committee asks the Government to provide information on measures taken or envisaged to address the abovementioned issues, and to continue to provide information on the application of the Convention in practice.

The Committee reiterates its request that the Government supply the relevant texts referred to in its reports, including:

–           Act on public health care and protection, 1989;

–           Act on protection of the environment, 1994;

–           Law on chemicals, 2007;

–           Decree No. 175/CP concerning application of the Act on protection of the working environment, 18 October 1994;

–           Circular No. 08/LDTBXH-TT providing instructions on training in occupational safety and health, 11 April 1995 (text in English if possible);

–           Circular No. 23/LDTBXH-TT of 19 September 1995 providing instructions on the implementation of Circular No. 08/LDTBXH-TT of 11 April 1995;

–           Decree No. 46/CP setting out the administrative sanctions in regard to the public health administration, 6 August 1996;

–           Circular No. 13/BYT-TT giving instructions on the administration of occupational health and occupational diseases, 24 October 1996 (text in English if possible);

–           Circular No. 14/1998/LDTBXH-TT giving instructions on the implementation of occupational protection at enterprise level, 31 October 1998;

–           Decision No. 166/2000/QD-BTC laying down conditions affecting order and safety to be complied with in a number of occupational activities, 2 February 2001;

–           Decree No. 68/2005/ND-CP on chemical safety, 20 May 2005;

–           Circular No. 12/2006/TT-BCN guiding the implementation of Decree No. 68 on chemical safety, 20 May 2005.