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CHAPTER IX: LABOUR SAFETY, LABOUR SANITATION Article 95. The labour user has the responsibility of fully providing the laborers with equipment for labour protection, labour safety and labour sanitation and for improving their laboring conditions. The labourer must observe the regulation on labour safety, labour sanitation and the labour rules of the business. All organisations and individuals related to labour and production must observe legislation on labour safety, labour sanitation and environmental protection. The Government shall draw up the national programme on labour protection, labour safety, labour sanitation and integrate it in the social-economic development progammes, plans and the State budgets; the Government shall invest in scientific research, support the development programmes of the establishments producing instruments for labour safety labour sanitation, equipment for personal safety. It shall publish the systems of norms, rules and measures for labour safety and labour sanitation. The Vietnam General Federation of Labour shall join the Government in working out the national programe on labour protection, labour safety, labour sanitation and in elaborating programmes of scientific research and legislation on labour protection, labour safety and labour hygiene. Article 96. The
building of new establishments or the expansion of and transformation of existing ones for
the production, utilization, maintenance, storage and stockpiling of machine, equipment,
materials and substances requiring a high level of labour safety and labour sanitation
must be provided with measures to ensure labour safety and labour sanitation at the
working places of the labourers and the environment as prescribed by law. Article 97. The labour user must ensure that the working place meet the. norms on space, airiness, lighting and the prescribed maximum limits on dust, steam, noxious gases, radiations magnetism, heat, noise, vibration and other harmful factors. These factors must be periodically controlled and measured. Article 98. The labour user must periodically control and repair the machines, equipment, building structures and storage according to the norms of labour safety and labour sanitation. The labour user must have the necessary equipment to shelter those parts of machines and equipment in the business likely to provoke accidents. The working places, the emplacements of machines and equipment, the places likely to cause dangers or noxious effects in the business must be so arranged to provide against accidents and equipped with signs and signals on labour safety and labour sanitation put up at open places where they can be easily seen and read. Article 99. In case the working place or a machine or equipment threatens to cause a labour accident or occupational disease, the labour user must immediately take remedial measures or must order immediate cessation of operation at the said place until the danger has been removed. The labourer has the right to refuse to work or leave the working place when i he detects an imminent labour accident is seriously threatening his life or health and he must immediately warns the directly responsible person of the danger. The labour user must not force the labourer to continue his work or return to the working place so long as the danger has not been removed. Article 100. At the working place where dangerous and noxious factors exist susceptible of provoking labour accidents must be equipped by the labour user with technical and medical devices and appropriate labour protection gear to ensure timely rescue when an accident or labour accident occurs. Article 101. The labourer doing dangerous or noxious jobs must be adequately equipped with personal protection means. The labour user must ensure the supply of means for personal protection achieving the norms in quality and designs as prescribed by law. Article 102. In recruiting and arranging labour the labour user shall base himself on the health criteria for each type of work. He must organise training, guidance and inform the labourer of the regulations and measures of safety an sanitation and the possibilities of accident to be prevented in the work of each labourer. The labourer must be given a health check during the recruitment and periodical health checks according to the prescribed regime. The cost of health checks for the labourer is borne by the labour user. Article 103. The business has the responsibility to organize healthcare for the labourers and must give first aid and emergency aid to the labourers when necessary. Article 104. The labourer working in the conditions of dangerous or noxious elements shall receive retainer in kind, enjoys preferential treatment in the matters of working time and rest time as described by law. The labourer working in a place infested by noxious elements or bacteria must be ensured by the labour user of measures for detoxication and disinfection and personal hygiene after working time. Article 105. Labour accident is an accident causing injuries to any part or function on the body of the labourer or death of the labourer in the process of working associated with the execution of a job or a task. The victim of labour accident must be rescued in time and carefully treated. The labour user must take responsibility for letting a labour accident occur, as prescribed by law. Article 106. Occupational disease is a disease caused by the harmful effects of the labour conditions of the occupation on the labourer. The list of the occupational diseases shall be published by the Ministry of Public Health and the Ministry of Labour, War Invalids and Social Welfare after consultation with the Vietnam General Federation of Labour and the representative of the labour users. The sufferer of an occupational disease must be given careful treatment, given periodical medical checks and have a specific medical record of his own. Article 107. The labourer rendered invalid by a labour accident or an occupational disease shall receive a general check-up by the medical examination board for classification of his injury and the rate of reduction of his working capacity and shall go through a rehabilitation process to recuperate his labour capabilities. If later he can continue to work he shall be assigned a job suited to his health according to the conclusion of the Labour Medical examination Board. The labour user must bear all the medical cost from the first aid and emergency aid till completion of the treatment of the victim of labour accident or occupational disease. The labourer is entitled to the system regime of social insurance in case of labour accident or occupational disease. If the business has not joined any form of statutory social insurance, the labour user must pay to the labourer a sum equal to that provided for in the Social Insurance Statute. The labour user has the responsibility to pay a compensation representing at least 30 months salaries of the labourer who suffers a reduction by 81 % and more of his labour capacity or an equivalent amount to the close relatives of a labourer who dies of a labour accident or an occupational disease not of his own fault. In esse the injury or the death of the labourer is due to his own fault, the labourer still receive an allowance equalling at least 12 months of his salary. Article 108. All the labour accidents, cases of occupational disease must be declared, investigated, recorded in writing statistic and periodically reported as prescribed by law. It is strictly forbidden to hide or falsely declare or report on labour accidents and occupational diseases.
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