The case of a series of workers suffering from pneumoconiosis: Requiring businesses to be responsible for their workers

Waiting for occupational disease assessment

On August 15, Mr. Duong Van Chinh (34 years old), residing in Hamlet 1, Nghi Dong Commune (Nghi Loc) said that through Nghe An Newspaper, he and a number of patients being treated learned the results of the interdisciplinary inspection at Chau Tien Company Limited.

“I basically agree with the conclusion of the interdisciplinary inspection team. The inspection report has shown how bad the environment we had to work in,” Mr. Chinh said, hoping that the authorities would take strict measures to deal with the company’s violations to ensure a safe working environment for future workers.

Mr. Chinh is one of 14 people who have lung diseases after working at Chau Tien Company Limited. Working at this company for more than 5 years, in August 2022, like many other workers, the Central Lung Hospital diagnosed Mr. Chinh with silicosis. Luckily, compared to many colleagues, Mr. Chinh's lungs can still be washed. However, since he got sick, he has not been able to do anything, sometimes he has chest tightness, difficulty breathing... Although silicosis is an occupational disease, it has been a year since the diagnosis, Mr. Chinh and many other workers have not been taken by the company for occupational disease assessment to receive benefits.

“I have been working at the company for more than 5 years, and I have paid social insurance for nearly 4 years, until I discovered my illness and quit my job. During the past 5 years, the company has never once taken us for a regular health check-up. Now that I am sick, I can no longer do anything. I just hope to be taken for an occupational disease assessment soon to receive some benefits. At the same time, I also hope that the company will support the treatment costs,” said Mr. Chinh, adding that he discovered he had silicosis while he was still a worker at the company. However, since then, the company has never once visited him, even though during his years of working, he had to pay union funds every month.

Similarly, the family of Mr. Tran Huu Quang in Nghi Hung commune (Nghi Loc) said that the family is still waiting for subsidies because Mr. Quang died of an occupational disease. “At the time Mr. Quang was diagnosed with silicosis, he was still working as a worker at that company, so it can be said that he died of an occupational disease. All the money saved to build a house had to be used for his treatment but it still could not be saved. Now, we only hope to receive some support to make life less difficult,” said Mr. Quang’s wife.

Regarding this issue, in the inspection results report, the interdisciplinary team also requested Chau Tien Company Limited to be responsible for employees who have occupational diseases and work-related accidents. Accordingly, the company must fully and seriously implement the responsibilities of an employer for employees who have occupational accidents and diseases according to the provisions of Article 38 of the Law on Labor Safety and Hygiene 2015. There are other support policies for employees and relatives of employees who have occupational diseases and work-related accidents who have worked and are working at the company. Make a list of employees who have worked and are working at the company, coordinate with the Department of Health to examine and detect occupational diseases; assess the level of labor loss for employees who have occupational diseases and work-related accidents.

Encourage companies to convert investments to be environmentally friendly

After receiving the inspection report from the interdisciplinary team, the People's Committee of Nghe An province has just issued a document on handling the inspection results of law compliance at Chau Tien Company Limited. The People's Committee of the province agreed with the recommendations of the inspection team and assigned specific tasks to the directors of departments, branches, and heads of units.

Accordingly, the Provincial People's Committee requested the Department of Health to urgently organize an investigation into the occupational diseases of the 4 deceased workers. Determine the occupational diseases of 5 workers being treated for silicosis and 5 workers related to lung diseases. Organize an assessment of the level of reduced working capacity immediately after the results of determining the occupational diseases of these 10 people are available.

At the same time, instruct Chau Tien Company Limited to prepare relevant documents and papers to examine and determine occupational diseases for all employees who have worked and are working at the company; Assess the level of labor loss for employees with occupational diseases and work-related accidents.

The provincial Social Insurance is responsible for requesting Chau Tien Company Limited to overcome shortcomings and limitations in complying with the law on implementing social insurance, health insurance, and unemployment insurance policies for employees. Prepare records and lists of employees, coordinate with the Nghi Loc district Social Insurance agency and the social insurance agency managing the relevant area to collect social insurance, health insurance, unemployment insurance, and occupational accident and disease insurance in accordance with regulations. Contact employees who are subject to social insurance and have worked at the company, are currently unemployed or have transferred to other jobs to prepare records of social insurance arrears according to regulations. Instruct relatives of employees and employees with occupational diseases or work accidents to prepare records of enjoying the regimes paid by social insurance according to regulations.

The Provincial People's Committee requested the Department of Labor, War Invalids and Social Affairs to direct Chau Tien Company Limited to overcome shortcomings and limitations in implementing legal regulations on labor safety and hygiene. Guide the company to fulfill the responsibilities of an employer towards employees who have occupational accidents and diseases.

The Southeast Economic Zone Management Board is responsible for directing Chau Tien Company Limited to overcome shortcomings and limitations in environmental protection; Monitor, supervise and promptly handle arising environmental issues. In case of failure to promptly overcome or failure to meet requirements, handle according to authority or recommend competent authorities to handle. Urge Chau Tien Company Limited to promptly implement the directions and instructions of the Department of Health, Department of Labor - Invalids and Social Affairs, Provincial Social Insurance, Provincial Labor Federation, and relevant district-level People's Committees. Encourage, support and create conditions for Chau Tien Company Limited to change its investment goals to be environmentally friendly.

The Provincial People's Committee also requested the Provincial Labor Federation to supervise Chau Tien Company Limited in implementing legal regulations on labor safety and hygiene, and social insurance for employees. Direct the Southeast Economic Zone Trade Union to guide and support Chau Tien Company Limited in establishing a grassroots trade union organization.

The Provincial People's Committee also assigned the People's Committee of Nghi Loc district and the People's Committees of districts, cities and towns with employees who have worked and are working at Chau Tien Company Limited to inspect and supervise Chau Tien Company Limited in implementing policies and regimes for employees with occupational diseases and work-related accidents. Coordinate with departments, branches and Chau Tien Company Limited to guide and support employees and their relatives in the process of investigating and determining occupational diseases; Assess the level of labor loss and implement compensation and support policies and regimes for employees according to regulations.