WILL THE EMPLOYER OR EMPLOYER HAVE TO PAY FOR THE USE OF PERSONAL PROTECTIVE EQUIPMENT?

To ensure safety in labor activities, workers often use personal protective equipment. So in these cases, paying for the use of personal protective equipment will be the responsibility of the employer or the employee? Through today’s article, let’s learn more about this issue with Pham Consult!

Pursuant to the provisions of Article 5 of Circular 25/2022/TT-BLDTBXH regulating the principles of providing personal protective equipment as follows:

Principles of providing personal protective equipment

1. Employers must organize the assessment and control of dangerous and harmful factors in the workplace according to the provisions of law; Implement measures on technology, equipment, safety techniques, and occupational hygiene to eliminate or minimize the harmful effects of dangerous and harmful factors, and improve working conditions before when implementing measures to provide personal protective equipment.

2. The employer shall make a list and provide personal protective equipment to employees according to the list of personal protective equipment provided to employees performing occupations and jobs with dangerous and weak elements. harmful factors specified in Appendix I issued with this Circular.

3. In addition to making a list specified in Clause 2 of this Article, employers proactively develop a list and provide personal protective equipment for employees to ensure safety and health for employees. active in the following cases:

a) Occupations and jobs not specified in Appendix I issued with this Circular that the employer considers to have dangerous or harmful factors that do not ensure health safety for workers .

b) Occupations and jobs are specified in Appendix 1 issued with this Circular, but the list of personal protective equipment needs to be supplemented to ensure effective prevention of harmful effects of dangerous factors. , harmful factors in the working environment.

4. Employers base on the level of requirements of each specific occupation and job at their facility, and the manufacturer’s recommendations for each type of personal protective equipment to decide the shelf life. Use and quantity of personal protective equipment to suit the nature of the work and quality of personal protective equipment.

5. Depending on specific requirements, employers provide necessary personal protective equipment for people coming to inspect, test, visit, or study for use during the inspection or test. , visit, study.

6. Employees do not have to pay for the use of personal protective equipment and have the right to request the employer to add new or change the type of personal protective equipment to suit actual conditions. .

Thus, according to the above regulations, employees will not have to pay for the use of personal protective equipment.

In addition, employees also have the right to request the employer to add new or change the type of personal protective equipment to suit actual conditions.

Therefore, the employer will have to pay for the use of personal protective equipment for employees.

The employer’s responsibilities are specified in Clause 1, Article 8 of Circular 25/2022/TT-BLDTBXH as follows:

Responsibilities of the employer

1. Based on the regulations on personal protective equipment issued in this Circular and the decided term of use of personal protective equipment, every year, employers consult Opinions of the employee representative organization at the facility to plan procurement (including provisions) and provide personal protective equipment to workers.

2. Check the quality of personal protective equipment before providing it and during use. In case of allocation to the representative of the team or workshop where the employee works, inspection and supervision of the delivery and receipt of personal protective equipment to the employee must be organized.

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Thus, according to the above regulations, employers will have to rely on regulations on personal protective equipment and the duration of use of personal protective equipment.

Accordingly, employers consult with the employee representative organization at the facility to plan the procurement and provision of personal protective equipment for employees.

Are probationers eligible for personal protective equipment during work?

Pursuant to Article 2 of Circular 25/2022/TT-BLDTBXH regulating subjects of application in the regime of providing personal protective equipment, specifically as follows:

Applicable subjects
1. Employees are specified in Clauses 1, 2 and 4, Article 2 of the Law on Occupational Safety and Hygiene.
2. Employers as prescribed in Clause 2, Article 3 of the Labor Code.
3. Other agencies, organizations and individuals related to the regime of providing personal protective equipment in labor.
According to this regulation, the subjects eligible for personal protective equipment at work are:
– Employees working under labor contracts; probationer; apprentices and apprentices to work for employers.
– Cadres, civil servants, public employees, people of the people’s armed forces.
– Vietnamese workers working abroad under contract; foreign workers working in Vietnam.
– Employer is an enterprise, agency, organization, cooperative, household, or individual that hires and uses workers to work for them according to agreement;
In case the employer is an individual, he must have full civil capacity.
– Other agencies, organizations and individuals related to the regime of providing personal protective equipment in labor.
Thus, probationers are one of the subjects subject to the regime of providing personal protective equipment at work.

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