Thông tư 29/2021/TT-BLĐTBXH tiêu chuẩn phân loại theo điều kiện lao động

• Số hiệu: 29/2021/TT-BLDTBXH
• Loại văn bản: Thông tư
• Nơi ban hành: Bộ Lao động - Thương binh và Xã hội
• Người ký: Lê Văn Thanh
• Ngày ban hành: 28/12/2021

MINISTRY OF LABOR - WAR INVALIDS AND SOCIAL AFFAIRS --------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ----------------
No. 29/2021/TT-BLDTBXH	Hanoi, December 28, 2021

CIRCULAR

WORK CLASSIFICATION STANDARDS BASED ON WORKING CONDITIONS

Pursuant to the Law on Occupational Safety and Hygiene dated June 25, 2015;

Pursuant to Decree No. 14/2017/ND-CP dated February 17, 2017 of the Government administers functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

At request of Director of Work Safety Department;

Minister of Labor - War Invalids and Social Affairs promulgates work classification standards based on working conditions.

Chapter I

GENERAL PROVISIONS

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This Circular prescribes work classification standards based on working conditions.

Article 2. Regulated entities

1. Employers and employees in accordance with Article 2 of the Law on Occupational Safety and Hygiene.

2. Organizations assessing and classifying work based on working conditions.

3. Other organizations and individuals related to work assessment and classification based on working conditions.

Chapter II

WORK CLASSIFICATION BASED ON WORKING CONDITIONS AND METHODS, PROCEDURES FOR DETERMINING WORKING CONDITIONS

Article 3. Work classification based on working conditions

1. Type of working conditions

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b) Arduous, toxic, or dangerous occupations are those with class IV working conditions.

c) Non-arduous, non-toxic, or non-dangerous occupations are those with class I, II, or III working conditions.

2. Principles of work classification based on working conditions

Work classification must be conducted based on working condition assessment and determination results produced using methods under this Circular.

Article 4. Purpose of work classification methods based on working conditions

Work classification methods based on working conditions attached to this Circular shall be utilized to:

1. Develop, amend, add, or remove occupations from the List of arduous, toxic, and dangerous occupations and very arduous, toxic, and dangerous occupations (hereinafter referred to as “List of occupations”).

2. Classify work based on working conditions for arduous, toxic, and dangerous occupations and very arduous, toxic, and dangerous occupations within the responsibilities of employers in order to provide labor protection and healthcare for employees in accordance with Clause 3 Article 22 of the Law on Occupational Safety and Hygiene.

Article 5. Organizations engaging in working condition classification

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Article 6. Methods and procedures for determining working conditions

Conduct working condition assessment and determination as follows:

1. Identify the occupation whose working condition is to be assessed and determined.

2. Assess working condition based on working condition criteria system:

a) Step 1: Identify factors which exert biological impact on employees within the working condition criteria system under Appendix I attached hereto (hereinafter referred to as “Appendix I”).

b) Step 2: Choose at least 6 characteristic factors of the occupation. These factors must be able to fulfill 3 groups in the working condition criteria system under Appendix I.

c) Step 3: Choose 1 criterion for every characteristic factor chose under Step 2 to assess and grade while following the principles below:

- The arduous, toxic, and hazardous level of each factor shall be graded proportionally on a scale from 1 to 6 under Appendix I.

- If a worker is exposed to the factors for less than 50% of a working shift duration, the determined grade shall be lowered by 1. If a worker is exposed to toxic substances, electromagnetic field, vibration, noise, ionizing radiation, change in pressure, factors causing infectious diseases for less than 25% of a working shift duration, the determined grade shall be lowered by 1.

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- If a factor involves at least 2 criteria, choose 1 primary criterion to assess and grade; other criteria play a referencing and supplementary role for the primary criterion.

d) Step 4: Calculate average grade of the factors using the formula below:

In which:

 The average of factors.

N: Number of factors assessed under Step 3 (n≥6)

X₁, X₂,…, X_n: Grade of the first factor, the second factor, ..., the n^th factor respectively.

dd) Step 5: Log the results in the form under Appendix II attached hereto and determine working conditions using average of factors as follows:

-  ≤ 1,01: Class I working condition;

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- 2,22 <  ≤ 3,37: Class III working condition;

- 3,37 <  ≤ 4,56: Class IV working condition;

- 4,56 <  ≤ 5,32: Class V working condition;

-  > 5,32: Class VI working condition.

Chapter III

ORGANIZATION FOR IMPLEMENTATION

Article 7. Responsibilities of Work Safety Department

1. Based on proposal of employers and the Ministry, Work Safety Department shall take change and cooperate with relevant authorities and agencies, organizations engaging in occupational safety and hygiene research in reviewing and assessing the List of occupation in order to request the Minister of Labor - War Invalids and Social affairs to consider and decide on amendments to the List of occupation in accordance with Article 22 of the Law on Occupational Safety and Hygiene.

2. Regularly, periodically, and irregularly inspect, examine, and supervise assessment of working conditions as per the law.

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1. Cooperate with relevant agencies in disseminating and guiding enterprises in the provinces implementing this Circular.

2. Inspect, examine, and produce reports on assessment of working conditions in provinces as per the law.

Article 9 Amendment, addition, or removal of occupations from the List of occupation

1. The amendment, addition, or removal of occupation from the List of occupation must fulfill the following principles:

a) The review and assessment must be conducted for occupations in specific sector.

b) The sampling process for review and assessment must be implemented in a manner suitable for models and scale of manufacturing facilities, business facilities, and service facilities and representative of sampling regions.

c) Work review, assessment, and classification results shall be used for proposing amendment, addition, or removal of occupations from the List of occupation if the proposal is made within 12 months from the date on which results are produced.

2. Based on work classification results produced by methods under this Circular, if an occupation needs to be amended, added, or removed from the List of occupation, employer shall submit the request to the Ministry overseeing the sector and Ministry of Labor - War Invalids and Social Affairs.

Documents attached to written request for amendment, addition, or removal of occupations from the List of occupation:

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b) Measurement and assessment data of characteristic factors regarding working conditions of occupations requested to be added, amended and consolidated result form according to Appendix II attached hereto.

c) Consolidated schedule of amendment, addition of arduous, toxic, and dangerous occupations and very arduous, toxic, and dangerous occupations according to Appendix III attached hereto.

3. Ministries overseeing sector shall review arduous, toxic, and dangerous occupations and very arduous, toxic, and dangerous occupations; consider request of employers to submit proposal for amendment or addition to the List of occupation to Ministry of Labor - War Invalids and Social Affairs in order to meet socio-economic development, information technology, and management from time to time.

Article 10. Responsibilities of employers and relevant agencies

1. Employers shall review, assess, and classify work initially and in case of any change to technology, production procedures which lead to changes in working conditions and when discovering new hazardous, dangerous factors which were not discovered in the previous assessment session as long as working condition review, assessment, and classification are conducted once every 5 years.

2. Regarding occupations in the List of occupation where employers have adopted measures to reduce or eliminate arduous, toxic, hazardous factors at workplace, the employers shall organize assessment, and classification and request the Ministry of Labor - War Invalids and Social Affairs to comment on the work assessment and classification results. In this case, attach documents under Clause 2 Article 9 hereof.

3. Organize work assessment and classification using methods under this Circular.

4. Employers and relevant agencies, organizations are responsible for providing adequate policies for employees engaging in arduous, toxic, and dangerous occupations and very arduous, toxic, and dangerous occupations as per relevant laws.

5. If occupations that have been assessed and classified in accordance with Clause 2 of this Article lost the characteristic working conditions of an arduous, toxic, and hazardous occupation or a very arduous, toxic, and hazardous occupation, employers are not required to implement policies for employees engaging in such occupations after consulting Ministry of Labor - War Invalids and Social Affairs.

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1. This Circular comes into force from April 15, 2022.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry for consideration./.

PP. MINISTER
DEPUTY MINISTER




Le Van Thanh

APPENDIX I

WORKING CONDITION CRITERIA AND SCORING
(Attached to Circular No. 29/2021/TT-BLDTBXH dated December 28, 2021 of the Minister of Labor - War Invalids and Social Affairs)

No.
(factor)

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Respective score of each criterion

1 score

2 scores

3 scores

4 scores

5 scores

6 scores

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(2)

(3)

(4)

(5)

(6)

(7)

(8)

A. Criteria for assessing working environment hygiene

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Microclimate

1.1

Ambient temperature (^oC)

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1.1.1

Working indoors:

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- Warm microclimate

20 - 22

> 22 - 27

> 27 - 32

> 32 - 40

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> 46

- Cool microclimate

22 - 20

< 20 - 18

< 18 - 11

< 11 - 0

< 0 - 10

< - 10

- Indoor temperature exceeds outdoor temperature

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< 1

1 - 5

> 5 - 8

> 8 - 14

> 14

1.1.2

4 scores if working outdoors

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1.2

Increase temperature score by 1 score if wind velocity is 0 (m/s) and wind humidity is > 90%

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1.3

Thermal radiation (W/m^2)

Below the limit

At the limit

≤ 0,5

> 0,5 - 2

> 2 - 5

> 5

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Air pressure

2.1.

Exceeds atmospheric pressure (atm)

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Below the limit

0,2 - 0,6

0,7 - 1,8

1,9 - 3,0

> 3

2.2.

Lower air pressure: elevation of workplace

100

> 100 - 500

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>1000 - 2000

>2000 - 4000

> 4000

3

Concentration of noxious gases and vapour exceeds the limit by … (times)

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<1

1-1,5

> 1,5 - 2

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...

...

> 3

4

Concentration of dust exceeds the limit by … (times)

-

<1

1 - 2

> 2 - 5

> 5 - 10

> 10

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Noise created by production process exceeds the limit by … (dBA)

-

-

1 - 5

>5 - 10

> 10 - 20

> 20

6

Vibration

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6.1

Acceleration (m/s^2)

At the limit

<1

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...

> 1,4 - 2

> 2 - 2,8

> 2,8

6.2

Velocity (m/s)

Below the limit

At the limit

<1

>1 - 2

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> 3

7

Radio frequency electromagnetic field

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Electric field (V/m)

Below the limit

At the limit

1 - 5

> 5 - 10

> 10 - 20

> 20

7.2

Magnetic field (A/m)

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...

At the limit

1 - 5

> 5 - 10

> 10 - 20

> 20

8

Industrial frequency electromagnetic field

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8.1

Electric field (kV/m)

Below the limit

At the limit

> 5 - 10

> 10 - 20

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> 25

8.2

Magnetic field (A/m)

Below the limit

At the limit

> 1 - 50

> 50 - 100

> 100 - 150

> 150

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Ionizing radiation (MSV/year)

Below the limit

At the limit

1 - 5

> 5 - 10

> 10 - 15

> 15

10

Exposure to pests

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10.1

Exposure to sources of infectious diseases according to the Law on Prevention and Control of Infectious Diseases

No exposure

Unclear risks of exposure

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Causing class C infectious diseases in accordance with the Law on Prevention and Control of Infectious Diseases

Causing class B infectious diseases in accordance with the Law on Prevention and Control of Infectious Diseases

Causing class A infectious diseases in accordance with the Law on Prevention and Control of Infectious Diseases

10.2

Exposure to diseased plants, animals, predators, venomous snakes (not classified under 10.1)

No exposure

Potential exposure, potential infection

Causing mild and curable diseases

Causing severe diseases with reliable prevention and treatment

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Causing very severe diseases without reliable prevention and treatment

B. Criteria for assessing labour psychophysiology

11

Energy consumption (Kcal/shift)

<900

900 - 1270

1271 - 1790

1791 - 2180

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> 2350

12

Change to cardiovascular system while working

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Average heart rate: use average readings of the whole group during the shift (beat/minute)

< 74

74 - 80

81 - 85

86 - 90

91 - 100

>100

12.2

Increase in systolic pressure (compared to the beginning of the shift) (mmHg)

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11 - 20

21 - 30

31 - 40

41 - 50

≥ 51

12.3

Increase in venous pressure (compared to the beginning of the shift) (mmHg)

≤ 40

41 - 45

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51 - 55

56 - 60

≥ 61

13

Muscle workload while working: decrease in muscular endurance (% of total people compared to the beginning of the shift)

Up to 20

>20 - 30

>30 - 40

>40 - 50

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>70

14

Change to central nervous system

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Increase in visual - motor response time compared to the beginning of the shift (%)

Up to 10

>10 - 20

>20 - 30

>30 - 40

>40 - 50

>50

14.2

Increase in auditory - motor response time compared to the beginning of the shift (%)

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>10 - 20

>20 - 30

>30 - 40

>40 - 50

>50

14.3

Decrease in Critical flicker frequency (CFF) (% of total people compared to the beginning of the shift)

Up to 10

>10 - 30

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...

>50 - 70

>70 - 90

>90

14.4

Increase in sympathetic-dominant heart rate variability (% of people experiencing sympathetic-dominant heart rate variability)

Tới 10

>10 - 30

>30 - 50

>50 - 70

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>90

15

Intensity of brain activity

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Characteristics of the task - Intensity of brain activity when working

Solving very simple tasks

Solving simple tasks

Solving complicated tasks

Solving complicated tasks with additional research required

Solving very complicated tasks with intensive research, time pressure, careful attention,short-term and long-term memory required

Solving very complicated tasks with intensive research, time pressure, careful attention,short-term and long-term memory, high sense of responsibility required

15.2

Change to memory capability: Reduced memory load (% of reduction after a shift compared to the beginning of the shift)

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> 5 - 15

> 15 - 25

> 25 - 35

> 35 - 45

> 45

16

Optical strain

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16.1

Illuminance (Lux) below the limit due to irrevocable technological or technical requirements

≤ 30

>30 - 50

>50 - 100

>100 - 150

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>200

16.2

Dimensions of parts to be visually distinguished (mm)

>5

5 - 1,0

<1 - 0,5

<0,5 - 0,3

<0,3 - 0,1

<0,1

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Time spent observing electronic monitor (hour/shift)

16.3.1

For types displaying letters/numbers (hour)

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1 -<2

2 -<3

3 -<4

4 - 6

>6

16.3.2

For types displaying charts/graphs (hour)

<1

1 -<3

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5 -<6

6 - 7

>7

17

Level of attention strain and mental strain

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17.1

Number of objects requiring simultaneous observation

Less than 5

5 - 10

11 - 25

26 - 30

30 - 50

>50

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Period of observation/attention (% of a shift)

Less than 25

25 - 50

51 - 75

76 - 90

91 - 95

>95

17.3

Increase in attention test/experiment completion time (% compared to the beginning of a shift)

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>10 - 20

>20 - 30

>30 - 40

>40 - 50

>50

17.4

Strain to hearing organ (when listening to spoken words or distinguishing sound is required)

Constant listening and understanding speeches, signals

Listening and understanding 99-100% of speeches and signals without interference

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Listening and understanding 50-70% of speeches and signals. With interference and being able to listen in a range of ≤2m

Listening and understanding <50-30% of speeches and signals. With interference and being able to listen in a range of ≤1,5m

Listening and understanding <30% of speeches and signals. With interference and being able to listen in a range of ≤1m

17.5

Strain to organ of speech

<8

8 -<16

16 -<20

20 -<25

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>30

C. Criteria for assessing ergonomics - working organization

18

Level of information reception: number of signals received in one hour (for assessing tasks in cipher, post, telecommunication, computer)

<25

25 - 75

76 - 175

176 - 300

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>400

19

Monotony of working in production lines

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Work cycle time (second)

>40

40 - 30

29 - 20

19 - 10

6 - 9

<5

19.2

Number of motions necessary to perform simple tasks or repetitive motions

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10 - 15

9 - 6

5 - 3

3 - 2

<2

20

Number of motions per hour of:

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20.1

Minor movements: fingers, wrists, forearms

< 1000

1000 - 2000

>2000 - 3000

>3000 - 4000

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...

>5000

20.2

Major movements: shoulders, arms, legs

< 250

250 - 500

>500 - 750

>750 - 1000

>1000 - 1500

>1500

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Working and moving locations, positions in shift

21.1

Working on tall racks or suspension (compared to working platform)

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Less than 2 m

2 to 5 m

More than 5 m

More than 5 m, suspended from ropes

More than 5 m, suspended from ropes in confined spaces

21.2

Sloped work platform (degree)

0

> 0 - 10

...

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...

> 15 - 30

> 30 - 45

> 45

21.3

Work postures

Comfortable

Moving heavy objects of 5kg in weight or more

Less comfortable, sitting or standing, limbs and torso in comfortable positions

Stiff, less comfortable, sitting or standing, limbs and torso in comfortable positions, maintaining postures for long period of time

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Stiff and confined for more than 50% of shift, occasional kneeling, proning, bending forward, heavy-lifting required

21.4

Bending forward

Not required

Up to 30^o for less than 50% of a shift or up to 60^o for less than 25% of a shift

Up to 30^o for up to 50% of a shift or up to 60^o for up to 25% of a shift

Up to 30^o for more than 50% of a shift or up to 60^o for up to 50% of a shift or 90^o for up to 25% of a shift

Up to 60^o for more than 50% of a shift or 90^o for up to 50% of a shift

90^o for more than 50% of a shift

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Repetitive forward bending

Up to 30^o for less than 30 times/shift

Up to 30^o for 30-50 times/shift

Up to 30^o for 51-300 times/shift, 60^o for less than 100 times/shift

Up to 30^o for more than 300 times/shift, 90^o for up to 100 times/shift

60^o for more than 300 times/shift, 90^o for more than 100 - 200 times/shift

90^o for more than 200 times/shift

21.6

Walking during work, km/shift (carrying more than 5 kg; handling more than 25% of the shift)

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...

> 4 - 7

> 7 - 10

> 10 - 17

> 17 - 25

> 25

22

Working regime

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22.1

Shift-based work

1 shift or office hour, no night shift and up to 6 hours of working/shift

1 shift or office hour, no night shift

2 shifts, without night shift

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More than 70% of the shift duration is night shift

Inconsistent shift scheduling, with night shift

22.2

Working hour per shift (hour)

-

≤ 8

9 - 11

12

...

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-

23

Tasks and responsibilities

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23.1

Tasks

Working by personal plan, with comfortable mental state

Working by predetermined and adjustable plan with comfortable mental state; no decision-making required

Working on complicated tasks; solving tasks as per procedures

Working on complicated tasks related to people; decision-making required

Working on complicated tasks, decision-making required; high sense of material responsibility or related to many people

Emergency decision-making required with insufficient time or in dangerous situation; direct danger; high sense of responsibility for human and property safety

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Level of responsibility

Moderate responsibility for individual tasks

High responsibility for individual tasks. Efforts required in employees’ individual tasks

Responsibility of persons assisting in quality-related tasks. Efforts based on contributions made at managerial positions higher than employees (team captains, etc.)

Primary responsibility for quality and product. Efforts in group activities

Final responsibility for tasks, quality, procucts Tasks can damage equipment or technology or harm human lives

Responsible for human lives, industry or national secrets

Notes for using the criteria schedule:

1. Regarding temperature: professions where employees work in air-conditioned rooms or cooling system shall be assessed using 2 teperature ranges.

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3. Psychophysiological criteria must be gathered from properly designed tests and properly calibrated devices, equipment.

APPENDIX II

(Attached to Circular No. 29/2021/TT-BLDTBXH dated December 28, 2021 of the Minister of Labor - War Invalids and Social Affairs)

Requesting authority:

RECORD OF WORKING CONDITION MEASUREMENT AND ASSESSMENT RESULTS

Assessed profession:

Location of assessment^1:

Order

Factor/criterion

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Adjustment by time

Score

Note

Measurement result

Score based on measurement results

Duration of exposure

Negative score

1

2

...

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...

4

5

6

7 = 4-6

8

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Classification:

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(Date)
Requesting authority
(Signature and seal)

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^1 If a profession is assessed in multiple locations, a record shall be produced for each location.

APPENDIX III

(Attached to Circular No. 29/2021/TT-BLDTBXH dated December 28, 2021 of the Minister of Labor - War Invalids and Social Affairs)

Requesting authority

CLASSIFICATION PROPOSAL

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No.

Occupation

Working conditions

Score

Proposed classification

Note

1

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2

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(Location and date)
Requesting authority
(Signature and seal)