15.1 Activities or operations carried out under the following conditions shall be deemed unhealthy:
15.1.1 Exceeding the tolerance limits specified in Annex I, Annex II, Annex III, Annex V, Annex XI and Annex XII;
15.1.2 (Revoked)
15.1.3 Engaging in activities specified in Annex VI, Annex XIII and Annex XIV;
15.1.4 Verified by workplace inspection reports specified in Annex VII, Annex VIII, Annex IX and Annex X.
15.1.5 For the purpose of this Standard, "Tolerance Limit" means the maximum or minimum concentration or intensity related to the nature of the agent and exposure duration, which shall not cause health damage to workers throughout their working career.
15.2 Work performed under unhealthy conditions as specified in the preceding sub-items entitles workers to receive allowances calculated based on the local minimum wage, namely:
15.2.1 40% for maximum degree of unhealthy working condition;
15.2.2 20% for medium degree of unhealthy working condition;
15.2.3 10% for minimum degree of unhealthy working condition;
15.3 In case of multiple unhealthy factors, only the highest degree shall be adopted for wage allowance calculation, and cumulative allowance payment is prohibited.
15.4 The elimination or neutralization of unhealthy working conditions shall terminate the payment of corresponding allowances.
15.4.1 The elimination or neutralization of unhealthy working conditions shall be achieved by:
a) adopting general control measures to keep the working environment within tolerance limits;
b) using personal protective equipment.
15.4.1.1 If the unhealthy conditions cannot be eliminated or neutralized, the competent regional authority for occupational safety and health shall determine the applicable allowances for exposed employees based on technical reports issued by qualified occupational safety engineers or occupational physicians.
15.4.1.2 The elimination or neutralization of unhealthy working conditions shall be confirmed by professional appraisal issued by competent authorities proving no health risks exist for workers.
15.4.1.3 Reports identifying unhealthy working conditions shall be accessible to workers, trade unions and labor inspection authorities.
15.5 Enterprises and relevant trade unions may apply to the Ministry of Labor via Regional Labor Delegations for on-site appraisal of premises or work areas to identify, classify and define unhealthy activities.
15.5.1 Where unhealthy working conditions are confirmed in appraisals applied for to Regional Labor Delegations, appraisers of the Ministry of Labor shall specify the payable allowances.
15.6 Appraisers shall record the adopted testing methods and equipment in the appraisal report.
15.7 The provisions of Clause 15.5 shall not hinder the supervision and inspection of the Ministry of Labor, nor prevent ex officio appraisal initiated by judicial authorities in regions without assigned appraisers.
Annex No.1
Tolerance Limits for Continuous or Intermittent Noise
|
Noise Level dB(A) |
Maximum Permissible Daily Exposure |
|
85 |
8 hours |
|
86 |
7 hours |
|
87 |
6 hours |
|
88 |
5 hours |
|
89 |
4 hours and 30 minutes |
|
90 |
4 hours |
|
91 |
3 hours and 30 minutes |
|
92 |
3 hours |
|
93 |
2 hours and 40 minutes |
|
94 |
2 hours and 15 minutes |
|
95 |
2 hours |
|
96 |
1 hour and 45 minutes |
|
98 |
1 hour and 15 minutes |
|
100 |
1 hour |
|
102 |
45 minutes |
|
104 |
35 minutes |
|
105 |
30 minutes |
|
106 |
25 minutes |
|
108 |
20 minutes |
|
110 |
15 minutes |
|
112 |
10 minutes |
|
114 |
8 minutes |
|
115 |
7 minutes |
1. For the purposes of applying Tolerance Limits, Continuous or Intermittent Noise is defined as any noise that is not impact noise.
2. Continuous or intermittent noise levels shall be measured in decibels (dB) using a sound level meter operating with the "A" weighting network and slow (SLOW) response mode. Readings shall be taken near the worker's ear.
3. Exposure times to noise levels shall not exceed the tolerance limits set out in the Table of this Annex.
4. For intermediate noise level values found, the maximum permissible daily exposure corresponding to the immediately higher noise level shall be considered.
5. Exposure to noise levels above 115 dB(A) is not permitted for individuals who are not adequately protected.
6. If two or more periods of exposure to different noise levels occur during the workday, their combined effects shall be considered, such that if the sum of the following fractions:
C₁/T₁+C₂/T₂+C₃/T₃+…+Cn/Tn
If the sum exceeds unity, the exposure is above the tolerance limit.
In the above equation, Cn indicates the total time the worker is exposed to a specific noise level, and Tn indicates the maximum permissible daily exposure to this level according to the Table of this Annex.
7. Activities or operations that expose workers to continuous or intermittent noise levels above 115 dB(A) without adequate protection shall pose a serious and imminent risk.
Annex No.2
Tolerance Limits for Impact Noise
1. Impact noise is defined as noise presenting acoustic energy peaks with duration less than 1 (one) second, at intervals greater than 1 (one) second.
2. Impact levels shall be evaluated in decibels (dB) using a sound level meter operating in the linear circuit and impact response circuit. Readings shall be taken near the worker's ear. The tolerance limit for impact noise shall be 130 dB (linear). During the intervals between peaks, the existing noise shall be evaluated as continuous noise.
3. If a sound level meter with an impact response circuit is not available, readings taken in the fast (FAST) response circuit and "C" weighting network shall be valid. In this case, the tolerance limit shall be 120 dB(C).
4. Activities or operations that expose workers, without adequate protection, to impact noise levels above 140 dB (LINEAR), measured in the impact response circuit, or above 130 dB(C), measured in the fast (FAST) response circuit, shall pose a serious and imminent risk.
