Sanctions for acts of not ensuring safety for workers in the workplace according to legal regulations

1. Does planning for occupational safety and hygiene require consultation with the Executive Committee of the grassroots trade union?

Pursuant to Clause 2, Article 76 of the Law on Occupational Safety and Health 2015, the provisions on occupational safety and hygiene plans are as follows:

“2. Planning for occupational safety and hygiene must be consulted by the Executive Committee of the grassroots trade union and based on the following bases:

a) Assessment of risks of occupational safety and health at the workplace; control of dangerous and harmful factors and emergency response plans;

b) Results of the implementation of occupational safety and health in the previous year;

c) Tasks, directions of production and business plans and situation labor of the plan year;

d) Recommendations of workers, trade unions and inspection and examination teams.”

Thus, according to the above regulations, when planning occupational safety and hygiene, opinions of the grassroots trade union executive committee must be obtained.

2. Contents of the occupational safety and hygiene plan?

In Clause 3, Article 76 of the Law on Occupational Safety and Hygiene 2015 regulates the occupational safety and hygiene plan, accordingly, the occupational safety and hygiene plan must have the following main contents:

– Technical measures for occupational safety and fire prevention and fighting, explosion;

– Technical measures for occupational hygiene, preventing and combating harmful factors and improving working conditions;

– Providing personal protective equipment for workers;

– Taking care of workers’ health;

– Information, propaganda, education and training on safety and hygiene labor.

3. What is the fine for businesses when they do not ensure safety for workers at the workplace according to the latest regulations?

Pursuant to Article 21 of Decree 12/2022/ND-CP stipulating penalties for violations of regulations on measures to ensure occupational safety and hygiene, specifically as follows:

(1)A fine of from 500,000 VND to 1,000,000 VND shall be imposed on employers who fail to prepare records of occupational environmental hygiene for harmful factors and prevent occupational diseases according to the provisions of law.

(2)A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on employers who commit one of the following acts:

– Failure to develop, promulgate or organize the implementation of plans, rules and procedures to ensure safety and occupational hygiene at the workplace or when developing without consulting the Executive Committee of the grassroots trade union;

– Not assigning a department or person to work on occupational safety and hygiene or arranging a person to work on occupational safety and hygiene but that person does not meet the conditions prescribed by law; Failure to arrange a department or person to do medical work or not sign a contract with a qualified medical examination and treatment facility according to regulations or to arrange a person to do medical work but that person does not meet the conditions prescribed by law;

– Failure to arrange enough first aid and emergency personnel at the workplace according to regulations;

– Not organizing training for first aid and emergency services at the workplace or organizing training that does not ensure compliance with regulations.

(3)A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed on employers who commit one of the following acts:

– Failure to periodically inspect and maintain machinery, equipment, factories, and warehouses according to regulations;

– Not equipping safety and occupational hygiene equipment at the workplace according to regulations;

– Failure to develop and promulgate plans for incident handling or emergency response at the workplace;

– Failure to make plans on measures to ensure occupational safety and hygiene for workers’ workplaces when constructing new, expanding or renovating works and facilities to produce, use, preserve and store machines, equipment, supplies and substances with strict requirements on occupational safety and hygiene;

– Failure to investigate occupational accidents within responsibility according to the provisions of law; failure to declare, untimely declaration or false declaration of occupational accidents; Failure to declare, untimely declaration or false declaration of technical incidents causing serious loss of safety and occupational hygiene;

– Failure to ensure adequate bathrooms and toilets in the workplace as prescribed by law;

– Not equipped with technical and medical facilities to ensure timely response and first aid when a technical incident causes serious loss of safety and occupational hygiene or causes an occupational accident.

(4)Fines shall be imposed on employers who fail to implement or inadequately implement labor protection and health care regimes for employees doing heavy, toxic, dangerous occupations and jobs, and particularly heavy, toxic, and dangerous occupations and jobs according to the provisions of law according to one of the following levels:

– From 5,000,000 VND to 10,000,000 VND for violations from 01 person to 10 employees;

– From 10,000,000 VND to 20,000,000 VND for violations from 11 to 50 employees;

– From 20,000,000 VND to 40,000,000 VND for violations from 51 to 100 employees;

– From 40,000,000 VND to 60,000,000 VND for violations from 101 to 300 employees;

– From 60,000,000 VND to 75,000,000 VND for violations of 301 or more employees.

(5)A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed on employers who fail to evaluate and classify workers according to working conditions for occupations and jobs that are heavy, toxic, dangerous, and especially heavy, toxic, and dangerous to implement the regime for workers specified in Clause 3, Article 22 of the Law on Occupational Safety and Hygiene 2015.

Note: according to Clause 1, Article 6 of Decree 12/2022/ND-CP, the penalty level specified above is the penalty level for individuals. The fine for organizations is 2 times the fine for individuals.

Thus, according to the above regulations, if an enterprise does not organize the implementation of a plan to ensure occupational safety and hygiene at the workplace, it may be fined from 10 – 20 million VND.