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An occupational accident is an incident causing bodily injury or death to a worker, occurring during the work process or while performing work-related duties. This includes break times, meals, personal hygiene, bathing, and preparation or conclusion of work at the workplace. To clearly determine information related to the accident, including the cause, responsibility, and compensation level, businesses must establish an investigation team to examine and provide final conclusions.
Investigation Team Members
According to Clause 1, Article 35 of the Law on Occupational Safety and Hygiene 2015, the workplace-level Occupational Accident Investigation Team includes the following members:
- Team Leader: The legal representative of the enterprise or a person authorized in writing.
- Members: A representative of the enterprise’s Trade Union Executive Committee or a representative of the collective of workers if there is no Trade Union, the occupational safety officer, the enterprise’s medical staff, and other members.
- Special Case: If the victim is not under the management of the enterprise, a representative of the victim’s employer will join the Investigation Team.
In the case of a minor occupational accident or an accident causing serious injury to one worker under the enterprise’s management, the employer must immediately establish an Investigation Team according to the form specified in Appendix V issued with Decree 39/2016/ND-CP.
Occupational Accident Investigation Procedure
Step 1: Collecting Information and Evidence
- The Investigation Team collects traces, evidence, and documents related to the accident and takes statements from the victim, witnesses, or relevant persons. Each statement must be recorded in minutes (Appendix VIII issued with Decree 39/2016/ND-CP).
- If necessary, request technical or forensic examination.
- Analyze and conclude the cause, development of the accident, the extent of violations, propose disciplinary measures for those at fault, and recommend preventive measures.
Step 2: Preparing the Investigation Report
- The Investigation Team prepares the occupational accident investigation report (Appendix IX issued with Decree 39/2016/ND-CP).
- Hold a meeting to announce the report with participants including the Investigation Team Leader, the employer or an authorized person, the Investigation Team members, the victim or their representative, witnesses or related persons, and a representative of the enterprise’s Trade Union Executive Committee or higher level (if there is no Trade Union).
- Record the meeting content in the Minutes of the Meeting to Announce the Occupational Accident Investigation Report (Appendix XI issued with Decree 39/2016/ND-CP). Members who disagree with the report’s content can record their opinions and sign.
Step 3: Sending the Investigation Report
- Within 3 working days from the announcement meeting, the Investigation Team must send the investigation report and the meeting minutes to:
- The occupational accident victim or their relatives.
- The Inspectorate of the Department of Labor, Invalids, and Social Affairs where the enterprise’s headquarters is located.
- The Inspectorate of the Department of Labor, Invalids, and Social Affairs where the accident occurred.
Timeframe for Occupational Accident Investigation
- Minor Occupational Accidents: No more than 4 days.
- Severe Occupational Accidents: No more than 7 days. If there are complicated circumstances, the Investigation Team Leader may request an extension of up to 7 additional days.
During the investigation, if signs of a crime are detected, the Investigation Team must report and transfer related documents to the investigative authority for consideration of criminal prosecution according to legal provisions. If the accident occurs while the worker is performing work or commuting between home and the workplace, the Investigation Team will verify and document the accident based on the traffic accident resolution records of the traffic police, or a confirmation document from the commune police or local authority.
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