Occupational safety in the construction industry has always been a concern under Vietnamese law. Due to the inherent risks of accidents in this sector, legal regulations regarding occupational safety play a vital role in safeguarding workers’ health and lives, as well as ensuring the progress of construction projects meet the timeline. This article explores the key legal regulations on occupational safety for entities involved in the construction industry.
1. What is occupational safety in the construction industry?
According to Clause 2, Article 3 of the Occupational Safety and Hygiene Law 2015 and Clause 20, Article 2 of Decree 06/2021/ND-CP, occupational safety in the construction sector encompasses measures to prevent and control dangerous and harmful factors during the construction process. The aim is to protect the health and lives of workers and to prevent incidents that may compromise safety at construction sites.
2. Legal regulations on occupational safety in the construction industry
Current legal regulations have established specific responsibilities for each entity involved in construction activities, from contractors and investors to employees.
a. For construction contractors
Construction contractors are the entities directly responsible for organizing, managing, and carrying out tasks at the construction site. Therefore, based on the provisions of Article 13 of Decree 06/2021/ND-CP, the contractor’s responsibilities for ensuring occupational safety are as follows:
• Developing an occupational safety plan: The contractor must develop a detailed occupational safety plan that suits the specific characteristics of the project. This plan must include risk prevention measures, controls for hazardous factors, and the arrangement of necessary personal protective equipment.
• Training and monitoring occupational safety: The person in charge of occupational safety at the contractor must be professionally trained and guide employees in identifying potential incidents, supervise the compliance with safety protocols, and address violations promptly.
• Safety inspections and monitoring: During construction, the contractor is responsible for regularly inspecting and monitoring safety measures on the site, promptly detecting and handling dangerous situations.
• Providing protective equipment: The contractor must supply employees with the necessary personal protective equipment, such as helmets, safety harnesses, anti-slip shoes, and ensure that these items are always in good condition when working.
• Proper use of safety funds: The contractor must use safety funds for their intended purpose and ensure that measures to prevent accidents are carried out according to regulations.
• Reporting on occupational safety: The contractor is required to report safety-related issues as requested by the investor and maintain construction management records.
b. For Investors
Article 14 of Decree 06/2021/ND-CP outlines the responsibilities of investors, who play a comprehensive role in controlling and overseeing occupational safety at construction sites. Specifically:
• Managing occupational safety: The investor must establish a construction management system, notify the tasks and responsibilities of individuals within the system to the relevant contractors, and ensure adequate personnel are assigned to supervise construction and manage occupational safety during the construction process.
• Ensuring occupational safety in construction: The person in charge of managing occupational safety for the investor must be professionally trained in occupational safety or construction engineering and meet legal requirements for occupational safety.
• Monitoring occupational safety: The investor’s occupational safety manager is responsible for overseeing the implementation of occupational safety regulations by contractors during construction.
• Coordination between contractors: The investor must organize coordination between contractors to manage occupational safety and address any safety issues arising during the construction process.
• Suspending or halting construction: The investor has the right to suspend or halt construction if any violations of occupational safety regulations are found during the construction process.
The investor not only plays a supervisory role but also must proactively coordinate with contractors to create a safe working environment.
c. For Employees
In addition to contractors and investors, according to Article 15 of Decree 06/2021/ND-CP, employees, as those directly involved in construction, also have significant responsibilities in protecting themselves and their colleagues:
• Complying with Occupational Safety Regulations: Employees must fulfill their responsibilities in accordance with legal provisions on occupational safety and hygiene.
• Reporting Safety Hazards: Employees are responsible for reporting to the relevant authorities when they detect risks that may compromise occupational safety during the construction process.
• Refusing Unsafe Work: Employees have the right to refuse to perform tasks if they perceive that the work is unsafe or if they are not provided with the required personal protective equipment as specified.
• Performing Work After Training: Employees are only permitted to undertake tasks with strict occupational safety requirements after receiving proper training and being issued a safety card.
• Responding to and Addressing Accidents: Employees are responsible for participating in emergency response and addressing the consequences of workplace accidents and incidents that may compromise occupational safety.
3. Handling violations of occupational safety regulations in the construction industry
The law clearly stipulates the penalties for violations, including administrative fines and criminal prosecution in cases of severe consequences.
• According to Decree 12/2022/ND-CP, violations of occupational safety regulations may be subject to administrative fines ranging from 500,000 VND to 70,000,000 VND, depending on the severity and nature of the violation.
• In cases where the violation causes serious consequences, the act may be subject to criminal liability under Article 295 of the 2015 Penal Code (amended and supplemented in 2017). Specifically, violators may face:
– Monetary fine ranging from 20,000,000 VND to 100,000,000 VND.
– Non-custodial reform or imprisonment, with the term of imprisonment depending on the severity of the consequences caused.
Occupational safety in the construction industry is not only a legal responsibility but also a professional ethical duty of all parties involved. Strict adherence to legal regulations by the parties in construction not only protects the health and lives of workers but also contributes to improving the quality and efficiency of each project. It is hoped that with practical solutions and close cooperation among all parties, the working environment in the construction industry will become safer and more sustainable.
Above is the article “Legal regulations on occupational safety for entities in the construction industry” that TNTP has sent to our readers. TNTP hopes this article is helpful to you.
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