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Decision 96/2003/qd-Bqp: Issuance Of "rules Of The Organization To Perform Occupational Health In Workers Producing Units In The Army"

Original Language Title: Quyết định 96/2003/QĐ-BQP: Về việc ban hành "Quy định về tổ chức thực hiện công tác y tế lao động ở các đơn vị lao động sản xuất trong quân đội"

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The DECISION of the MINISTER of NATIONAL DEFENCE about the issuance of "rules of the Organization to perform occupational health in workers producing units in the army," the MINISTER of DEFENSE base Act of the Government on December 25, 2001;
Pursuant to the law enacting the legal text on November 12, 1996 revised supplement some articles on December 16, 2002;
The labor code base on 23 June 1994 was amended, adding some articles on 02 April 2002;
Pursuant to Decree No. 41/ND-CP dated 10 July 1996 of the Government functions, tasks, powers and organization of the Department of Defense;
Pursuant to Decree No. 06/CP dated 20 January 1995 from the Government detailing some of the labor law, labor safety and hygiene labour;
Proposal of the General Department of logistics decision: article 1. Issued the "regulation on the Organization of occupational health in workers producing units in the army".
Article 2. This decision takes effect 15 days from the date The quote, the regulations of the Ministry of defence as opposed to provisions in this decision were dismissed.
Article 3. The Chief Executive, the General Department, the Commander of the military region, Corps, military, army, army, heads of agencies, relevant units responsible for the implementation of this decision.
Rules of the Organization to perform occupational health in workers producing units in the Army (attached to decision No 96/2003/QD-BQP on 12/8/2003 of the Minister of national defence) chapter I GENERAL PROVISIONS article 1. Scope and objects 1. The provisions of this regulation on the implementation of occupational health work in the labor of production units in the army, including: medical organizations, management of sanitation workers, health management, prevention, emergency labor accidents and occupational diseases, safety training-labour hygiene Statistics, reports, inspection, check.
2. The object of this regulation is applied in the production Labor Unit in the Army (hereinafter the labor units produced), including: a) enterprises (public utility business and enterprise business).
b) the base duty manufacture, repair, preservation of unregistered businesses.
c) The defence Economics Division.
3. managed objects, health care is the military, defense, Defense workers, labor contract does not define the term and have defined the term, apprentices.
Article 2. Popular, made laws on occupational health work unit heads the levels according to the scope of the authority of its powers the popular, widely disseminate the regulations on occupational health work to everyone in the unit at the same time the Organization implemented the work of occupational health as prescribed by law.
CHAPTER II STAFFING and medical ORGANIZATION'S MISSIONS in LABOR UNITS PRODUCED article 3. Staffing of the military organization of the production Labor Unit To perform labor in the medical unit of production workers, heads of units based on the number of labor force and the nature and characteristics of production activity, the business unit to arrange, arrange a team of army medical staff officers who are dedicated to , according to the regulations of the General staff.
Article 4. The Mission of the army medical unit of work 1. Advised the heads of unit construction plan and oversee the Organization of labor health in the unit. The proposal with the heads of the unit measures management, health-care workers.
2. Ensure permanent shifts in production, organization of training for the workers, emergency first aid techniques to handle these cases in a timely manner the labor accidents occur.
3. Regularly Guide, examine the observance of the regulations on labor hygiene and disease prevention in the unit. In collaboration with the relevant professional departments conduct auditing, monitoring of hazardous factors of production labor environment.
4. Management, monitoring health situation closely, organize periodic health examination, occupational medical examination for workers. Implementation of the procedures recommended by disability examiners labor accidents and occupational diseases. The investigation involved the labor accidents occurred in the unit.
5. Often closely with military authorities and with local health to get the help of professional expertise.
6. Prepare the report on the management of health, occupational diseases according to industry regulations. 7. Actively participate in cooperation with the relevant bodies of the unit to maintain the operation of the network of safety-protection of students.
8. Set base emergency medicine originally circular No. 9/2000/TT-BYT dated 28/4/2000 of the Ministry of health. Ensure the drugs, supplies and equipment for the medical examination and treatment in the unit.
CHAPTER III MANAGEMENT of the ENVIRONMENTAL HYGIENE of LABOUR article 5. The responsibility of Heads of unit production labour 1. Manage the labor hygiene factor of the unit, including: micro-climate factors (temperature, humidity, wind speed, radiation), physical factors (light, noise, vibration, electromagnetic fields, ...), dust, chemical factors, psychological factors of labor, disease-causing microorganisms and some other elements in range of land uses and management.
2. Understand the toxic elements of the labor environment, the risk, preventative measures the labour accidents and occupational diseases, and organizes for workers learning the knowledge that. To implement technical measures of sanitation workers, improving working conditions and fully equipped means of personal protection for workers.
3. Arguing about the hygienic solution-occupational safety, process, prevent pollution, ensure hygiene standards allows at work and the environment when building new or renovating production facilities.
4. Perform the test measurement of toxic elements in the labor market each year at least 1 times according to the provisions of article 97 the labor code, article 4 of Decree 04/CP dated January 20, 1995 by the Government and guidance in Circular 13/TT-BYT on 21/10/1996 of the Ministry of health.
5. Direct the army medical units: a) established the labor hygiene records according to the model specified in circular No. 13/TT-BYT on 21/10/1996 of the Ministry of health. The results of the test measurements of toxic elements of the labor environment, health and occupational diseases must be added to the record annual labor hygiene.
b) declarations, registration, evaluation and certification of used materials and substances have strict requirements on labor hygiene as stipulated in paragraph 2 Article 96 sets of labor law and according to the list specified in circular No. 05/1999/TT-BYT on 27/3/1999 of the Ministry of health.
Article 6. The responsibility of the military bodies of the level 1. Institute of hygiene room and Army Reserve Medical Center South – Army Medical Department undertakes the inspection reviews the toxic elements in the environment of the production Labor Unit in the army, specifically the partition as follows: a) Institute of hygiene room for military units stationed in the capital military zone , 1, 2, 3, 4, 5 and support preventive medical Center South crossing skills.
b) Health Center South took to the unit stationed in the Military Zone 7, 9.

Head of the delegation assessed workplaces must be the doctor specialized in labor hygiene-occupational disease. The assessment of measuring results based on the labor market, "labor standards 21, 5 and 7 principles of labor hygiene parameters" attached to decision No 3793/2002/QD-BYT on 10/10/2002 of the Minister of health. Report on measurement of labor market test performed according to the model specified in circular No. 13/TT-BYT on 21/10/1996 of the Ministry of health.
2. Institute of hygiene room and Army Reserve Medical Center South made the evaluation profile please register Declaration certificate used the substances have strict requirements on labor hygiene due to the units sent to follow the partition specified in paragraph 1 of this article.
3. Department of army medical certification and review used the substances have strict requirements on labor hygiene for the unit. The records, forms and procedures for conducting is done according to the instructions in circular No. 05/1999/TT-BYT on 27/3/1999 of the Ministry of health.
4. The room attached to the Army Medical Department of Defense is responsible for the direction, guidance and support the army medical units in production workers the right to perform the management of sanitation workers.
CHAPTER IV HEALTH MANAGEMENT, prevention, emergency LABOR ACCIDENTS and OCCUPATIONAL DISEASES article 7. Recruitment of health workers (including contract workers and apprentices) are to be examined and classified before the health work. Results health careers must be kept in the unit's recruitment record.
Article 8. Periodic health examination 1. Every year, heads labor production unit to organize periodic health examinations for workers (including contract workers and apprentices) according to the provisions of article 102 of the labor laws and guidelines in Circular 13/TT-BYT on 21/10/1996 of the Ministry of health.
2. The results of periodic health examination of workers should be established as a personal management profile and then into records management health and illness of all units under the model provisions. Heads of units based on the health status of the employee to appropriate work layout.
3. The health workers type IV, type V and suffered chronic diseases must be army medical units are regulated, monitored, treatment, rehabilitation nursing and arrange suitable jobs.
Article 9. Health classification the classification of health based on "standards to recruit health classification, periodic examinations for workers" attached to decision No 1613/QD-BYT on 15/8/1997 of the Minister of health.
Article 10. Prevention of labor accidents 1. The unit must be prepared before the process for those big labor accidents, hazards can occur. In the location of toxic, dangerous labor, risks causing accidents and occupational diseases should have the table guide preventive measures to avoid self defense workers.
2. The unit must be held secure network-protection of students, including the labourer had direct business savvy, enthusiasm, exemplary safety and work hygiene and labor. In each producer should have at least 1 safe-guard. For the scattered employment group, each group should secure disposition 01-housekeeping staff.
3. The unit must be positioned direct emergency medical personnel in the area of production labor with tool kits, equipment and emergency vehicles according to the defined categories, ready, and handle emergency accidents can occur such as: emergency wound, stop bleeding temporarily , broken bones, chemical poisoning, emergency first aid, emergency electric shock burns..., and training organization for emergency and force workers to emergency methods in place.
4. The labor accident after emergency, first aid is transported to the nearest medical facility. Emergency records full records according to the form prescribed and kept in its army medical unit.
Article 11. Visit the occupational disease detection 1. Heads of unit are responsible for organizing examination and early detection of occupational diseases for workers working in toxic environments are at risk of occupational disease according to the provisions of article 106, 107, 108 Articles of the labor code and guidance in circular No. 08/1998/TTLT-BYT-BLDTBXH on 20/4/1998 of the Ministry of health, Ministry of labour, invalids and Social Affairs.
2. The units of production workers to be proactive in directly contact with the specialized agencies of the military industry to implement the occupational disease discovery examination, according to divide as follows: a) the units stationed on the table of the capital military zone 1, 2, 3, 4, 5 contact military hospital 103 (Faculty of occupational disease) and the Institute of hygiene (military Science room Labour Medicine and occupational diseases).
b) closed units in the army, 9 175 hospital contact (Faculty of occupational diseases) and Health Center South-military Bureau. Article 12. Treatment, rehabilitation for workers in labor accident and occupational disease.
1. The capacity of treatment, rehabilitation for the object of labor accident due to the Army Hospital took charge and made according to divide rule of army medical treatment. 2. The capacity of the treatment occupational diseases due to occupational disease Faculty of 103 hospital and the hospital took 175 (according to the partition in clause 2 and to article 11).
3. Army medical unit's production workers are responsible for making private management for people with labor accidents and occupational disease.
Article 13. Health assessment of labor accidents and occupational disease, and fostering insurance mode malware 1. The accident, labor afflicting the profession after the stable treatment is entitled to take the assessment at the Board of medical examiners by the military authorities to determine the extent of deterioration of labor ability to enjoy social insurance mode of the State. The authority of the Board of medical examiners in the army are specified in "regulation of duties and organization of the medical examiners Board level in the army" attached to decision No. 1636/QD-BQP on 05/10/1996 of the Minister of national defence.
2. The head of the unit responsible for production workers: a) create conditions for workers in labor accident and occupational disease are health assessment, and job match according to the conclusions of the Board of medical examiners.
b) Buy health insurance and social insurance for objects of labour units (including the labour contract) under the provisions of the State.
c) ensures the fostering mode of the hazardous for workers under the provisions of the State and the army.
Chapter V AWARENESS TRAINING ABOUT SAFETY-article 14 LABOR HYGIENE. Coaching for people with employer bodies subdivisions of Ministry of Defense is responsible for organizational learning and certification has been studying the legal knowledge about occupational safety, hygiene and labour for the heads of the units produced in the labor rights under the provisions of the labor code and guidance in circular No. 09/TT-LĐTBXH on 11/4/ 1995 of the Ministry of labor, invalids and Social Affairs.
Article 15. Training for employees

Every year, heads labor production units must organize training and certification have been learning about safe-hygiene and labor for the workers under the provisions of the labor code and guidance in circular No. 09/TT-LĐTBXH on 11/4/1995 of the Ministry of labor, invalids and Social Affairs. With the safe-guard unit's students must be trained according to the content of the guidelines in circular No. 9/2000/TT-BYT dated 28/4/2000 of the Ministry of health.
CHAPTER VI STATISTICAL REPORTING MODE, SUMMARY, SUMMARIZING the article 16. Report mode 1. For single workers were produced: a) periodically biannually (6 month and year) do report the work of occupational health of his unit to send army medical Rooms.
b) irregular reports as requested by the supervisor or as occurrence of abnormal incidents of occupational health work in the unit.
2. for the attached Unit Ministry of defence: a) periodically biannually (6 months and even years), general military Rooms report on the implementation of the work of occupational health of workers in manufacturing units the right to send Army Medical Directorate. b) irregular reports as requested by the supervisor or as occurrence of abnormal incidents of medical work health workers in other units.
3. for the hospital and the hospital 103 175: a) periodically biannually (6 months and even years), General report on the work of examination, treatment capacity and structure of occupational diseases and accidents to send Army Medical Directorate. b) irregular report when required by the supervisor.
4. for the Institute of hygiene room and Army Reserve Medical Center South: a) periodically biannually (6 months and even years), General report on labor hygiene and occupational diseases to send Army Medical Directorate. b) report on the measurement of environmental inspection of the production labor units must complete and submit a about military Bureau least 1 month after the test.
c) irregular report when required by the supervisor.
Article 17. Preliminary work, the total annual labour units, the production must organize summary, summarizing the work of health workers to assess results achieved, analysed the shortcomings, exist and draw the lessons of experience, while praised, reward for those individuals the collective contribution, join the do good this work. Develop formal education advocacy, campaigning, organizing the activities in response to the national safety week-labour hygiene-explosions ..., integrating with the work of labor protection and other movement.
CHAPTER VII INSPECTION, checking, REWARDING and HANDLE breach of article 18. The annual inspection, the Inspector of the Ministry of Defense is responsible for coordinating with the Army Medical Department and the relevant authorities to plan organize inspection of the observance of the legal provisions on occupational health of a number of units of production workers in the army; Thus, the proposed help for the heads of the defense led the unit in the army to do this work well.
Article 19. The work to check the heads attached units in the Ministry of Defense to enhance the observance of the legal provisions on occupational health work for the labor units in production.
Article 20. Rewards and handle breach 1. The unit perform well the work the recommended occupational health rewarded according to the current rules of the State and the Defense Department.
2. With regard to the implementation of good medical work yet labor, based on the violation error, will be dealt with according to the provisions of section II of Chapter XVI of The labor law and regulations of the Department of Defense.
CHAPTER VIII IMPLEMENTATION article 21. General staff building regulations on staffing, personnel for the army medical units in military production workers to perform.
Article 22. General Department of logistics Army Medical Department Director: 1. Guide the army medical unit of production workers to implement strictly the regulations on occupational health work.
2. Regulations and issued the form report on occupational health work in full force.
3. Coordinate with related agencies to deploy the training mission of safe-guard system, students at the base of production workers.
4. General periodic reports the results of the work of occupational health in the military with the heads of the Department of Defense and with the Ministry of health according to the regulations.
Article 23. The heads of general staff, the General Department, the military districts, Corps, military, army, Academy, school, socio-economic Group of Defense responsible for common regulations to the units in the production and labor organizations, the Guide done./.