Thông tư 36/2014/TT-BCT

CIRCULAR

REGULATIONS ON TRAINING IN CHEMICAL SAFETY TECHNIQUES AND ISSUANCE OF CERTIFICATE OF CHEMICAL SAFETY TECHNIQUES

Pursuant to the Law on Chemicals dated November 21, 2007;

Pursuant to the Decree No. 108/2008/NĐ-CP dated October 07, 2008; the Government’s Decree No. 26/2011/NĐ-CP dated April 08, 2011 amending and supplementing a number of articles of the Government’s Decree No. 108/2008/NĐ-CP dated October 07, 2008 providing instructions on the implementation of a number of articles of the Law on Chemicals;

Pursuant the Government’s Decree No. 38/2014/NĐ-CP dated May 06, 2014 on management of chemicals under the control of  Convention on the Prohibition of the Development, Production, Stockpiling, Use and destruction of Chemical Weapons;

Pursuant to the Government’s Decree No. 95/2012/NĐ-CP dated November 12 defining the functions, tasks, entitlements and organizational structure of the Ministry of Industry and Trade;

At the request of Director General of the Industrial Safety Techniques and Environment Agency

The Minister of Industry and Trade promulgates the Circular regulating training in chemical safety techniques and issuance of certificate of chemical safety techniques.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Circular regulates training in chemical safety techniques and issuance of certificate of training in chemical safety techniques with respect to hazardous industrial chemicals; chemicals as precursors used in industry and chemicals defined in the Convention on the Prohibition of the Development, Production, Stockpiling, Use and Destruction of Chemical Weapons within management of the Ministry of Industry and Trade.

This Circular does not regulate training in petrol and gas and issuance of certificate of training in petrol and gas, industrial explosives, hazardous chemicals transported by motor vehicles on roads, railways and inland waterways.

Article 2. Regulated entities

This Circular applies to organizations or individuals involved in chemical activities as prescribed in Article 1 hereof and other relevant organizations and individuals.

Chapter II

REGULATIONS ON TRAINING IN CHEMICAL SAFETY TECHNIQUES

Article 3. Content of training program

Content of training program must be compatible with nature, type and level of danger of chemicals in facilities that are involved in chemical activities (hereinafter referred to as facility) and working position of trainees. Specifically:

1. As for managers and persons who directly manage chemicals (managers)

a) Regulations of the law on chemical activities include requirements for facilities and competence in chemical activities; sequence and procedures for issuance of certificate and permit; declaration of chemicals; classification of chemicals and labeling; registration for chemical use; registration and management of activities concerning new chemicals; chemical safety note; storage of hazardous chemicals; responsibilities for provision of information and confidentiality; requirements for preparation, approval, confirmation and implementation of plans and measures to prevent and cope with chemical incidents; rules on safety distance;

b) Dangers in production, trading, storage and employment of chemicals by facilities;

c) Management and technical measures taken to ensure safety when handling and contacting harmful and hazardous chemicals;

d) Methods, measures to be taken when chemical-related accident or incident occurs: contact information about relief, rescue; on-site first-aids; use of rescue vehicles to handle fires, explosions, leakage, dispersion of chemicals; communication charts and reports to competent agencies; mobilization of forces inside and outside of the facility;

dd) Measures to prevent, eliminate and remedy spilling and leakage of chemicals; prevent and minimize sources of pollution from spreading; measures to remedy and restore environment.

2. As for persons who are directly involved in production, trading, transport, storage, preservation and employment of chemicals (workers)

a) Issues prescribed in Point b, dd, Clause 1 of this Article;

b) Hazardous chemicals within the scope of management and measures to prevent and respond to emergency: Name of chemicals; dangerous characteristics; labels; measures to prevent, handle and respond to fires, explosions, leakage and dispersion of chemicals; information about toxicity affecting the environment;

c) Process of blending and using chemicals; regulations on safety, operation process, handling of problems to assigned machinery and equipment;

d) Use, storage and inspection of safety devices, working tools, personal protection equipment suitable for working position (including fire prevention and fighting equipment);

dd) Process of emergency responses suitable for working position, relief and rescue;

e) First-aids and rescue operation

Article 4. Training organization

1. As for workers, employers must be responsible for:

a) Detailing content and time of training as prescribed in Clause 2, Article 3 hereof;

b) Choosing trainer as prescribed in Clause 3 of this Article;

c) Notifying the plan of training and examination to the Service of Industry and Trade of central-affiliated cities and provinces where the facility is situated before seven days;

d) Training organization;

dd) Sending request to the Service of Industry and Trade for examination and issuance of certificate of chemical safety techniques (hereinafter referred to as the certificate) to trained workers.

e) Training management and monitoring

2. As for administrative officers

The Service of Industry and Trade shall organize training to administrative officers of the facilities in the administrative division within scope of management as prescribed in Clause 1, Article 3 hereof.

3. Trainers must obtain university degree and over in relevant major and have spent at least five years working in chemical safety.

4. Manner and time of training

a) First training: For administrative officers, time for training is at least 12 hours including examination; for newly recruited workers, time for training is at least 16 hours including examination;

b) Regular training: to be carried out every two years for administrative officers and workers Time for training is half of the first training;

c) Re-training: to be carried out upon changes to production method, facilities and type of chemicals; changes to working position; exam results unsatisfactory or workers taking leave for more than six months. Time for training is at least 12 hours including examination;

5. Depending on specific circumstances, organizations or individual may organize separate trainings in chemical safety techniques or combine trainings with labor safety and hygiene, fire and explosion prevention or other safety trainings as regulated.

6. Expenses for training and examination incurred by facility;

Chapter III

REGULATIONS ON EXAMINATION AND ISSUANCE OF CERTIFICATE OF CHEMICAL SAFETY TECHNICAL TRAINING

Article 5. Request documents for training, examination and issuance of the certificate

1. Request documents for training, examination and issuance of the certificate (in case training is organized by the Service of Industry and Trade) include:

a) Request form for training, examination and issuance of the certificate (see Form 01 in the Appendix I enclosed herewith);

b) List of trainees (see form in the Appendix III enclosed herewith);

c) Each trainee in the list as prescribed in Point b of this Clause must submit two photos (size 2x3) ;

d) List of chemicals concerning facility’s activities

2. Request documents for examination and issuance of the certificate (in case training is organized by the facility itself) include:

a) Request form for examination and issuance of the certificate (see Form 02 in the Appendix enclosed herewith);

b) List of trainees (see form in the Appendix III enclosed herewith);

c) Each trainee in the list as prescribed in Point b of this Clause must submit two photos (size 2x3);

d) List of chemicals concerning facility’s activities;

Article 6. Sequence, procedures for examination and issuance of the certificate

1. The facility must prepare and submit a set of request documents to the Service of Industry and Trade for training, examination and issuance of the certificate to its administrative officers.

2. Regulations on examination

a) Within 10 working days since receipt of adequate and eligible documents, the Service of Industry and Trade shall make a written notice about plans for training (if any) and examination to the facility;

b) Content for examination must be compatible with the content for training;

c) Maximum time for examination is two hours;

d) Exam results that achieve from average mark and over are satisfactory.

3. Regulations on issuance of the certificate

a) Within five working days since the day of examination, the Service of Industry and Trade shall carry out the issuance of the certificate according to the form in the Appendix IV enclosed herewith to satisfactory trainees;

b) The certificate shall be valid for two years and across the country.

4. Before 30 days prior to the expiration of the certificate, the facility shall be responsible for preparing request documents to the Service of Industry and Trade for training (if any), examination and issuance of the certificate according to the provisions set out in this Article.

Article 7. Re-issuance of the certificate

1. Any unexpired certificate shall be considered for re-issuance of new certificate in case it is lost or damaged.

2. Organizations or individuals must prepare and submit request documents to the agency that issued the previous certificate for consideration and re-issuance of the certificate.

3. Request documents for re-issuance of the certificate include:

a) Request form for re-issuance of the certificate (see Form in the Appendix II enclosed herewith);

b) Persons who request re-issuance of the certificate must submit two photos (2x3).

4. Within three working days since receipt of adequate documents, the Service of Industry and Trade shall carry out the re-issuance of the certificate according to the form in the Appendix IV enclosed herewith; In case re-issuance can not be done, a written reply must be issued with reasons specified.

Article 8. Powers for examination and issuance of the certificate

The Service of Industry and Trade shall preside over examination and issuance of the certificate to satisfactory trainees in the administrative divisions within scope of management.

Article 9. Responsibilities of persons who are issued the certificate

1. Manage and use the certificate for right purpose without renting out, lending; do not make modifications or erasures on the certificate.

2. Present the certificate and comply with requirements for investigation and inspection on request;

Chapter IV

IMPLEMENTATION

Article 10. Implementation

1. Industrial Safety Techniques and Environment Agency shall be responsible for:

a) Instructing, investigating and inspecting the implementation of the provisions set out hereof;

b) Handling violations within authority;

2. The Service of Industry and Trade shall be responsible for:

a) Disseminating, instructing, investigating and inspecting the implementation of the provisions set out hereof;

b) Notifying plans of training to entities as defined in Clause 2, Article 4 hereof in the administrative division; carrying out inspection and issuance of the certificate;

c) Handling violations within authority;

d) Working out and making report to the Ministry of Industry and Trade (Industrial Safety Techniques and Environment Agency) on training, examination and issuance of the certificate within scope of management prior to December 25 annually;

Article 11. Transitional provisions

Entities that were issued the certificate before the effective date of this Circular shall be allowed to continue using such certificate until it expires.

Article 12. Effect

1. This Circular takes effect since December 08, 2014.

2. Difficulties that arise during the implementation of this Circular should be reported to the Service of Industry and Trade or The Ministry of Industry and Trade for guidance and early adjustment./.