1. Responsibilities of the contractor when a worker has an occupational accident:

1.1. What is an occupational accident?

To understand the concept of an occupational accident, we base it on the regulations in Clause 8, Article 3 of the Law on Occupational Safety and Health 2015. According to this regulation, we can determine that an occupational accident is an accident that occurs to with employees during the working process, associated with the performance of work and labor tasks. These can be accidents that cause damage to any part or function of the body or cause death to the worker.

1.2. What are the responsibilities of the contractor when a worker has an accident at work?

According to current legal regulations, it can be determined that the contractor is also considered an employer. Therefore, based on Article 38 of the Law on Occupational Safety and Health 2015 on the employer's responsibility for employees who have occupational accidents, we can determine that when an employee has an occupational accident, the employer must Contractors have specific responsibilities such as:

First, when a worker has an occupational accident and must take time off work during the period of treatment or rehabilitation, the contractor is responsible for paying them their full salary.

Second, for cases where it is concluded that the working capacity loss is less than 5% because the employer refers the employee to have the work capacity loss assessed at the Medical Examination Council, the employer shall The contractor must also pay the fee for assessment of reduced working capacity for the worker who has the accident.

Third, when an occupational accident occurs, the contractor must promptly provide first aid and emergency care to the worker suffering from the occupational accident and must advance the costs of first aid, emergency care and treatment for that worker. According to this regulation, it can be understood that if workers working at a construction site participate in health insurance, the contractor must pay the co-payment costs and costs not included in the list covered by health insurance. pay. As for workers who do not participate in health insurance, the contractor must pay all medical expenses.

Fourth, the contractor must compensate at least 1.5 months' salary if there is a 5% to 10% reduction in working ability in cases where the worker has an occupational accident that is not entirely the employee's fault. This person caused it. At the same time, the law also clearly stipulates that in cases where a worker's working capacity is reduced from 11% to 80%, for every 1% increase the worker has an accident, an additional 0.4 months' salary will be added. If the worker's working capacity is reduced by 81% or more or the worker dies due to an occupational accident, the contractor will be compensated with at least 30 months' salary.

Fifth, the contractor is responsible for supporting an amount of money at least equal to 40% of the prescribed level above when workers have an occupational accident caused by their own fault.

Sixth, the contractor is responsible for preparing documents to receive benefits for occupational accidents from the Labor Accident Insurance Fund

Saturday, within 05 days from the date of the Medical Examination Council's conclusion on the level of reduced ability to work or from the date the Occupational Accident Investigation Team announces the occupational accident investigation record In case of fatal occupational accidents, the contractor is responsible for providing compensation and benefits to workers suffering from occupational accidents.

Eighth, the contractor is responsible for arranging work suitable for health according to the conclusion of the Medical Examination Council for workers with occupational accidents after treatment and rehabilitation if they continue to work. job

Ninth, the contractor is responsible for introducing workers with occupational accidents to medical examination to determine the level of reduced working ability, treatment, nursing, and labor rehabilitation according to regulations. law;

2. In what cases is a worker who has a work accident not entitled to work accident benefits from the contractor?

Occupational accidents are something that neither workers nor contractors want to happen. In fact, people often think that if an occupational accident occurs, the contractor is always responsible for compensating the workers for damages. However, according to current law, not all cases of occupational accidents require the contractor to be responsible for compensation.

To better understand this issue, we rely on the regulations in Clause 1, Article 40 of the Law on Occupational Safety and Health 2015. According to this regulation, we can understand that if a worker has an accident due to a conflict between the victim with the person causing the accident that is not related to the performance of work or labor duties, or due to the worker intentionally destroying his or her own health or due to the use of drugs or other addictive substances contrary to the law. According to the law, in these cases, workers will not receive compensation from the contractor.

In short, if a worker has an occupational accident that occurs due to the victim's own conflict with the person causing the accident, unrelated to the performance of work or labor duties, or when the occupational accident occurs due to If a worker intentionally destroys his or her own health or an occupational accident occurs due to the worker using drugs or other addictive substances, the worker will not be entitled to accident benefits from the contractor.

3. Regulations on the responsibilities of workers and contractors in ensuring labor safety on construction sites:

3.1. Responsibilities of the contractor in ensuring labor safety on the construction site:

To avoid occupational accidents during construction, contractors and workers need to have certain responsibilities in ensuring labor safety. So, how does the law regulate the contractor's responsibility to ensure labor safety? Accordingly, based on the provisions in Clause 8, Article 13 of Decree 06/2021/ND-CP, we can determine the following:

First, the contractor is responsible for guiding workers to identify dangerous factors that can cause accidents and measures to prevent accidents on the construction site.

Second, the contractor must coordinate with relevant parties to regularly review the general safety plan, safety measures and propose timely adjustments, consistent with actual construction practices;

Third, to ensure labor safety, the contractor is responsible for implementing the general plan on labor safety in construction work approved by the investor.

Fourth, the contractor must require workers to use correct and sufficient personal protective equipment and devices during work;

Fifth, the contractor needs to have timely handling and rectification measures; decide to temporarily suspend construction for jobs at risk of occupational accidents or incidents causing labor insecurity;

Sixth, the Contractor must inspect and supervise workers' compliance with labor safety requirements; manage the number of workers working on the construction site;

Saturday, participate in rescuing and overcoming labor accidents and incidents causing unsafe work.

Eighth, suspend labor participation for workers who do not comply with safety technical measures or violate regulations on the use of tools and personal protective equipment in construction and report to the site commander or project director;

3.2. What are the responsibilities of workers in ensuring labor safety on the construction site?

Based on the provisions of Article 15 of Decree 06/2021/ND-CP, we can determine the responsibilities of workers in ensuring labor safety on the construction site as follows:

First, employees must carry out their responsibilities according to the provisions of law on occupational safety and hygiene.

Second, must report to competent people when detecting risks of unsafe labor during the construction process.

Third, when it is found that labor safety is not guaranteed or adequate personal protective equipment is not provided as prescribed, the employee must refuse to perform the assigned work.

Fourth, workers only undertake jobs with strict requirements on safety and occupational hygiene after being trained and issued with a safety and occupational hygiene card.

Fifth, employees have the responsibility to participate in rescuing and overcoming occupational accidents and incidents that cause labor insecurity.

Legal documents used in the article:

– Law on Occupational Safety and Health 2015.

– Decree 06/2021/ND-CP detailing a number of contents on quality management, construction and maintenance of construction works