New Occupational Safety Legislations in Construction sector

On 30th May 2017, The Ministry of Construction promulgated Circular No 04/2017/TT-BXD (“Circular 04”) on promoting compliance with occupational safety legislation in construction sector in replacement of Circular 22/2010/TT-BXD (“Circular 22”).

Contractor and Project Owner Liabilities in ensuring occupational safety

Circular 04 amended and supplemented Contractor Liabilities regarding occupational safety in construction sector, including:

  1. Prepare and submit initial Construction Safety Phase Plan for Project Owner’s approval prior in commencing an onsite construction. This plan is periodically or irregularly reviewed to adjust in line with actual construction on site;
  2. Set up a team of occupational safety management complied with the Safety Ordinance; organise an implementation of initial Construction Safety Phase Plan in regard with the work performance;
  3. Be liable for inspection of enforcing undertakings occupational safety at construction sites as major contractors or principal contractors regarding the work performance of subcontractors;
  4. Be liable for the enforcement of occupational safety legislations regarding subcontractors’ work performance;
  5. Implement different measures specializing for particular case as occupational hazards on site are perceived differently which stipulated in National Technical Standards on construction safety;
  6. Halt the construction performance if occupational accidents and hazards are going to be detected in order to remedy and ensure site safety before proceeding with construction on site;
  7. Remedy the consequences after post-accidents and post-hazards;
  8. Report to the project owner about the result on onsite safety management implementation periodically or irregularly in line with provisions under the construction contract;
  9. Other liabilities corresponding to legislations under occupational safety and hygiene Ordinance.

Circular 04 also amended and supplemented Project Owners Liabilities regarding occupational safety guarantee in construction sector, including:

  1. Approve initial Construction Safety Phase Plan from contractors; organise inspection and supervision on the plan implementation;
  2. Assign and notify to contractors the duty and authority of safety supervisor in accordance with legislations;
  3. Gather collaboration between contractors in order to process occupational safety management and handle hazards on site;
  4. Suspend construction performance if contractors are detected or suspected violations of occupational safety legislations;
  5. Request contractors to remedy consequences for site safety assurance before proceeding with construction on site;
  6. Preside and cooperate with contractors in remedying consequences after happened accidents and hazards on site; report unsafe conditions;
  7. Coordinate with competent authorities in handling, investigating incidents relating to machines, equipment, and materials corresponding to regulations;
  8. Supervise the implementation of site consultancy contract and remedy the related issues between project consultancy contractor, site supervisor, and other contractors and local committee during the performance of site in the case of project consultancy contractor and site supervisors are in partnership with the project owner;
  9. Examine and supervise the principal contractors’ implementation of site contracts and the compliance with site occupational provisions if project owners assign principal contractors to implement one or more responsibilities for safety assurance in line with construction contracts.

Instructions to handle violations of occupational safety in construction sector

When violations of occupational safety management in construction sector are spotted on individuals participating in activities of a developing investment, the Department responsible for Labour Inspection in construction sector shall be responsible for:

  1. Requesting related organizations and individuals to fix the violations;
  2. Writing up minutes to submit to competent authorities for administrative sanction in case of necessity;
  3. Naming on organizations and individuals and their violations on the website of the Department responsible for Labour safety Inspection in construction sector;
  4. Halting the use of equipment, facilities, and materials when unsafe conditions or the crashes of equipment, facilities, and materials are noticed which would affect the safety of community, onsite works, and site surroundings.

Circular 04 took effect from 15th May 2017.