NEW REGULATIONS EMPHASIZING RESPONSIBILITIES OF EMPLOYERS IN SAFETY ASSURANCE IN CONSTRUCTION

NEW REGULATIONS EMPHASIZING RESPONSIBILITIES OF EMPLOYERS IN SAFETY ASSURANCE IN CONSTRUCTION

2022-06-17 15:51:54 763

On December 20, 2021, the Ministry of Construction issued Circular No. 16/2021/TT-BXD (“Circular 16”) on the promulgation of Vietnamese technical standards (“QCVN”) No. 18:2021/BXD on safety in construction.

Accordingly, Circular 16 took effect from June 20, 2022. Simultaneously, QCVN 18:2021/BXD replaces QCVN 18:2014/BXD issued together with Circular 14/2014/TT-BXD dated September 5, 2014, of the Ministry of Construction.

This updated standard has various changes, including the following key points:

Content

QCVN 18:2014/BXD

QCVN 18:2021/BXD

The governance scope is expanded and specified

1. Technical safety requirements in civil, industrial works and urban technical infrastructure;

1. Technical requirements and responsibilities of organizations and individuals related to the safety assurance in construction for people at the construction site and in the vicinity of the construction site.

2. Clarification of the applicable construction activities:

- Types of construction work related to excavation, backfilling of soil and rock, new construction, renovation, repair, upgrading, expansion, construction maintenance, dismantling, and demolition for:

+ House, house-shaped structure;

+ Other works or structures, including Bridges, roads, tunnels; columns, pillars, towers; storage tanks, silos; retaining walls, dikes, dams, and embankments; Pipeline structures and other structures used for civil purposes, industrial production, providing technical infrastructure facilities, serving the transportation, agricultural production and rural development, protection against extreme impacts of nature, temporary works for construction and other purposes.

- Manufacturing, fabricating, installing and dismantling pre-engineered components and structures at the construction site.

- Other construction activities, include Surveying and monitoring; design, design verification; draft and review of integrated safety plans.

3. This standard shall not apply to the construction and installation of oil and gas rigs and other structures used for the oil and gas industry in the sea and on the continental shelf.

More standards cited by relevant ministries and branches are supplemented

Only refer to standards in the field of construction, technical regulations, and electrical safety of the Ministry of Industry and Trade and standards on occupational safety of the Ministry of Labour, Invalids, and Social Affairs.

Refer to a variety of standards. In addition to the standards of the Ministry of Construction, the Ministry of Industry and Trade, the Ministry of Labour, Invalids and Social Affairs, there are also the standards of the Ministry of Health (on hygiene, water, light, dust, noise...), the Ministry of Natural Resources and Environment (on-air, vibration, and noise), Ministry of Science and Technology, Ministry of Transport, Ministry of National Defense.

Expand the goal of applying the Standard

The main goal is to ensure labor safety and safety for the work during construction

In addition to the goal of safety assurance, there is also the goal of ensuring hygiene and the environment inside and outside the construction site

Subjects of the standards

The standards mainly regulate the behavior and consciousness of employees participating in the construction

The standards emphasize the employer’s responsibilities in the organization and the implementation of standards for workers participating in the construction.

Supplement various standards on the assurance of hygiene, environment and health

Nearly silent or regulated unspecifically.

Clearly clarify in Sections:

2.1.3. Assurance of hygiene, environment and health

2.1.9. Light

2.18.2. Health care for employees

2.20. Living conditions for workers at the construction site

Supplement obligations on drafting and implementing plans

Not required

Most standards require employers to create and follow a plan to ensure the safety of construction activities

Besides the aforementioned key contents, the updated set of standards also introduces numerous new stricter regulations. Accordingly, from June 20, 2022, construction enterprises and employees are required to do specific research on the work items that they deploy to ensure compliance with the new regulations.

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