Only a fine of 116 million VND?

Báo Tài nguyên Môi trường•05/10/2023

Accordingly, Chau Tien Company was fined 60 million VND for failing to conduct workplace environmental monitoring to control harm to workers' health as required by law; as stipulated in Clause 3, Article 27, Decree No. 12/2022/ND-CP dated January 17, 2022 of the Government on administrative sanctions in the fields of labor, social insurance, and Vietnamese workers working abroad under contract.

Chau Tien Co., Ltd. was fined 60 million VND for failing to conduct workplace environmental monitoring to control harm to workers' health as required by law.

The aggravating circumstance for this company is its repeated violations. Specifically, from 2017 to 2022, the company failed to conduct workplace environmental monitoring as required by law.

In addition, the People's Committee of Nghe An province also fined this company 56 million VND for failing to organize occupational disease screening for 14 workers performing strenuous, hazardous, and particularly strenuous and hazardous jobs; as stipulated in Clause 2, Article 22, Decree No. 12/2022/ND-CP dated January 17, 2022 of the Government on administrative sanctions in the fields of labor, social insurance, and Vietnamese workers working abroad under contract.

The company was also fined 56 million VND for failing to organize occupational disease screenings for 14 workers performing strenuous, hazardous, and particularly strenuous and hazardous jobs.

An aggravating circumstance of this offense is the repeated violation. Specifically, from 2017 to 2022, the company failed to organize occupational disease screenings for 14 employees performing strenuous, hazardous, and particularly strenuous and hazardous work as defined by law.

In May 2023, the Natural Resources and Environment Newspaper published a series of articles reflecting on the situation where many workers who had been and were working at the stone powder processing plant of Chau Tien Co., Ltd. were suffering from pneumoconiosis, with 4 cases resulting in death.

Chau Tien Co., Ltd. - A company with many workers suffering from pneumoconiosis.

The workers who were receiving treatment and the relatives of the deceased subsequently filed a report with the local authorities, requesting that the company compensate and provide benefits to the workers suffering from occupational diseases, and ensure their rights and safety. They also requested occupational disease examinations, assessments of their disability level, and financial assistance for medical treatment and the settlement of workers' entitlements.

On May 12, 2023, Mr. Bui Dinh Long, Vice Chairman of the People's Committee of Nghe An province, signed Decision No. 1302/QD-UBND establishing an inter-agency inspection team to inspect Chau Tien Co., Ltd. in Nghi Long commune, Nghi Loc district. The inspection revealed a series of violations committed by the company.

The inspection team pointed out numerous environmental violations by Chau Tien Co., Ltd., but the company has only been penalized for violations related to its employees?

Accordingly, from 2017 to 2022, the company failed to fully comply with legal regulations on workplace environmental monitoring to control harm to workers' health, as stipulated in the regulations on classifying workers performing strenuous, hazardous, and particularly strenuous, hazardous, and dangerous jobs, as well as on periodic health examinations for workers and occupational disease screenings for workers exposed to harmful factors at risk of occupational diseases or performing strenuous, hazardous, and particularly strenuous, hazardous, and dangerous jobs.

Chau Tien Co., Ltd. also failed to register for mandatory social insurance within 30 days of signing labor contracts, employment contracts, or recruitment for employees working under labor contracts who are subject to social insurance participation. There are instances where employees are employed by the company under labor contracts, actually working and receiving salaries, but the company does not pay social insurance, health insurance, and unemployment insurance contributions for the duration of the labor contract; and underpays contributions for 10 employees. Therefore, the company has not ensured the rights of employees in resolving insurance benefits and policies.

Overall view of the limestone powder processing plant of Chau Tien Co., Ltd.

Regarding compliance with environmental laws, the inspection team discovered a number of shortcomings and limitations at this company. Specifically, the company had not submitted a report proposing the issuance of an environmental permit to the competent authority for assessment and approval. The collection and storage of hazardous waste were not in accordance with regulations, with hazardous waste being mixed with ordinary waste. Hazardous waste collection was not thorough. The hazardous waste storage facility did not comply with regulations.

Furthermore, the company has not yet contracted with a unit responsible for transporting and processing ordinary industrial waste. The storage facilities for ordinary industrial waste and domestic waste do not meet the requirements. The internal drainage network of the industrial park does not meet the requirements. A drainage system for the entire factory has not yet been built.

The fact that Chau Tien Co., Ltd. was only fined 116 million VND for its violations is surprising and raising concerns among the public.

Furthermore, chemicals such as oxalic acid, NaOH, chromium oxide green, and boric acid used in production are not stored in separate warehouses but are kept together in the factory. Acid fumes are released into the factory, affecting the health of workers. The soaking and bleaching process of silica stone is carried out in tanks without forced acid removal, using rudimentary technology, and the resulting acid fumes affect the health of workers. The silica stone crushing line is operated using "makeshift" outdoor technology without dust collection measures.

Meanwhile, the conveyor belt transporting materials from the steam-fired drying oven to the fine grinding stage is an open conveyor, which generates dust during operation. The company has not installed a system to treat dust generated from the steam-fired drying oven and acid fumes from the drying process after bleaching. In the fine grinding area, a large amount of fine silica dust is dispersed, affecting the working environment and the health of the workers.

The inter-agency team also requested Chau Tien Co., Ltd. to take responsibility for employees suffering from occupational diseases and work-related accidents. Accordingly, the company must fully and seriously fulfill its responsibilities as an employer towards employees who suffer work-related accidents or occupational diseases, as stipulated in Article 38 of the 2015 Law on Occupational Safety and Health. The company must also implement other support policies for employees and their families who have suffered occupational diseases or work-related accidents while working at the company. Furthermore, the company must compile a list of employees who have worked or are currently working at the company, coordinate with the Department of Health to conduct examinations and detect occupational diseases, and assess the degree of disability for employees suffering from occupational diseases or work-related accidents.

It can be said that the conclusions of the inspection team, established under Decision No. 1302/QD-UBND, pointed out numerous violations by Chau Tien Co., Ltd. However, the company has only been penalized for two violations related to employees, with a total fine of only 116 million VND, which has left the public puzzled and quite surprised!

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