Legal Document

Kingdom of Cambodia

Nation Religion King

 

Ministry of Labour and Vocational Training

No. 176 K.B/Br.K

 

Prakas

On

Education on Hygiene and Technicality for Occupational Safety to Workers,     Shop Stewards and Unions

 

 

Minister of Labour and Vocational Training

 

• Having seen the Constitution of the Kingdom of Cambodia
• Having seen Royal Decree NS/RKT/0908/1055 dated 25 September 2008 on the Nomination of the Royal Government of the Kingdom of Cambodia
• Having seen Royal Code 02/NS/94 dated 20 July 1994, promulgating the Law on Organization and Functioning of the Council of Ministers
• Having seen Royal Code Ch.S/RKM/0397/01 dated 13 March 1997, promulgating the Labour Law
• Having seen Royal Code NS/RKM/0105/003 dated 17 January 2005, promulgating the Law on Establishment of Ministry of Labour and Vocational Training
• According to the necessity of the Ministry of Labour and Vocational Training

 

Decides

 

Article 1:        Objective

This Prakas has the objective to urge the employers of enterprises/establishments of all occupations to pay attention to help provide education on health and occupational safety for workers before asking them to work.

 

Article 2:        Important Terms

- Employer is a natural person or legal entity, private or public, who creates an enterprise/establishment and employ one or more workers, despite not regular work.     

 

- Machinery is the combination of mechanical one or more parts by using mechanical energy, wind, steam, heat or electricity which is constructed in order to help facilitate human’s work and could cause accident to human, if there is no technicality for safety education first or lack safety protective barriers and so on.  

- Biological risk is a risk which is caused by medical remainder or sample of microorganism, virus or poisonous substance originating from biology which could affect the living things and human health.

- Isolated work is any work that is required to work in isolation in which they communicate by using walkie-talkie for ordering work.

-  Working area with limited ventilation is a narrow place and has small hole that cannot allow air to come in and out adequately for breathing such as work in a large container, tank, deep hole, ship bottom, underground cannel, drainage pipe, well, track in coal mine, underground room, produce warehouse and so on.  

- Night work is work that has been performed for at least 11 hours consecutively which includes the interval between 22:00 and 5:00 am, pursuant to Article 144 of the Labour Law.   

 

Article 3:        Scope

The employers of enterprises/establishments as stipulated in Article 1 of the Labour Law have an obligation to necessarily educate workers and their representatives on hygiene, technicality for occupational safety and health issues related to the work in each workstation. 

 

Article 4:        Obligation of employer

The employers of enterprises/establishments must train workers and their representatives on risks that could occur in the enterprise/establishment as well as on effectively preventive measures.   

 

Article 5:        General education and training program

All documents taken to teach workers must be formulated and reviewed every year. All these documents discuss the following points in detail:

• Physical risk
• Chemical risk
• Biological risk
• Risk related to the use of machinery
• Risk of heavy lifting by machinery
• Risk related to the driving of machinery in the enterprise/establishment
• Risk related to electricity
• Fire or explosion risk
• Risk of falling from high place
• Risk of heavy lifting by human force
• Risk of isolated work
• Risk of work in area with limited ventilation
• Risk of night work
• Hygiene of food and nutrition
• Risk of work attitude
• Safety of building and entry and exit 
• Mental tension from work (stress resulting from work) 
• And other risks that are necessary.

   

  Article 6:        Targeted Skill Education and Training Program

  The employer must ensure that the education on hygiene, health and technicality related to occupational safety is carried out for each worker. This education must be advantageous and clear for the implementation in each worker’s workstation. The employer must explain the following to the workers:

• Risk that could occurs in their workstation
• Effectively preventive measures and show them clearly all preventative equipment
• Gesture and actions when having emergency state and when helping each other.

  The employer must provide an explanation to workers and their representatives when:   

• At the beginning of their employment
• Change of workstation
• Change of production technique, change of machinery and stocking of new chemical substance   
• Change of production line system
• Workers have taken days off for a long period (more than one month).

   

  This education must be carried out purely by technician and during working hours and the workers who are participants shall receive wage as usual.

   

  Article 7:

  The employer must also provide education on hygiene, health and technicality related to occupational safety according to each skill or risk which is deemed necessary to workers and their representatives who work in their enterprise/establishment before this Prakas takes effect.

   

  Article 8:

  The provision of all articles of this Prakas does not oppose any particular provision of other Prakases.

   

  Article 9:

  Failure to comply with this Prakas shall be fined or punished as stipulated in Chapter 16 of the Labour Law.

   

  Article 10:

  This Prakas takes effect from the date of signature.

  Phnom Penh, 19 June 2013

  Minister

  (signed and stamped)

  Vong Sauth

   

  Place to receive:

  - Ministry of Royal Palace

  - General Secretariat of Senate

  - Cabinet of Samdech Akka Moha Sena Padei Techo Hun Sen

  - Office of the Council of Ministers

  - Cabinet of H.E Deputy Prime Minister Sok An

  - Cabinet of Lok Chumteav Stationed Deputy Prime Minister

  - All relevant ministries

  - Union confederation “for info.”

  - Employer association and Cambodia Commerce Association 

  - General Department of Administrative and Financial Affairs

  - General Department of Labour

       “for dissemination and implementation”

  - Municipal and Provincial Departments of Labour

  and Vocational Training “for functioning”

  - All radio and TV networks

  “for assisting in dissemination”

  - Archives