Thông tư 37/2005/TT-BLDTBXH

CIRCULAR

GUIDELINES FOR OCCUPATIONAL SAFETY AND HEALTH TRAINING

Pursuant to Decree No. 06/CP dated 20 January 1995 (as amended and suplemented) of the Government detailing a number of articles of the Labour Code on occupational safety and health, the Ministry of Labour, Invalids and Social Affairs provides guidance on occupational safety and health training as follows:

I. COVERAGE AND WHO IS TRAINED

1. Coverage

This Circular shall apply to enterprises, agencies, organizations and individuals recruiting employees including:

a) Enterprises of all economic sectors;

b) Households, individual businesses, and co-operative business groups;

c) Co-operatives established and operating under the Co-operative Law

d) Non-productive units; producing, trading and services organizations, units of administrative and non- productive agencies; political organizations, socio-political organizations, socio-occupational organizations, other social organizations, enterprises of the People Army and Police Forces; foreign or international organizations located in the territory of the Socialist Republic of Vietnam except where an international treaty concluded, or acceded to by the Socialist Republic of Vietnam provides otherwise;

e) Other agencies and individuals employing labour.

The enterprises, organizations and agencies stipulated above are generally called establishments.

2. Who is trained

a) Employees include:

- Working employees, new recruits, apprenticees, trainees and persons in a probation period at establishments;

- Self-employed persons hired and recruited by establishments.

b) Employers and managers (hereinafter referred to as employers) including:

- Owners of establishments or persons authorized by the owners to manage activities of production, business and services;

- Directors, deputy directors of establishments, chairpersons of organizations, agencies and units directly employing labour.

- Manager directly run construction sites, workshops or equivalent units.

c) Officials in charge of occupational safety and health at establishments.

II. TRAINING FOR EMPLOYEES

1. Content of training

a) General provisions on occupational safety and health

- Purpose and importance of occupational safety and health;

- Rights and obligations of employers, employees in implementing the regulations on occupational safety and health; policies, regimes of labour protection for employees;

- Internal rules on occupational safety and health at establishments;

- Working conditions, dangerous and hazardous factors relating to occupational accidents, diseases and preventative measures;

- Basic knowledge of occupational safety and health techniques;

- Measures against various problems and first aid for victims in cases of accidents and problems;

- Applications, usage and preservation of personal protective equipment;

- Measures to self-improve working conditions at the workplace.

b) Detailed provisions on occupational safety and health at the workplace

- Production characteristics, working procedures and regulations on occupational safety and health employees shall strictly follow at work;

- Dangerous and hazardous factors, possible risks at the workplace and preventative measures.

Employees including self-employed persons performing jobs with strict requirements on occupational safety and health as stipulated in Annex I enclosed with to this Circular shall be provided with more detailed training for working procedures and measures against problems besides the training content mentioned above.

2. Training organization

a) Responsibility of training organization

- Employers shall be responsible for training the employees working at their establishements and self- employed persons hired, recruited by those establishments. After being trained and tested employees qualified including self-employed persons shall sign in a record book of occupational safety and health as referred to a form enclosed with Annex IV of this Circular. Employers shall issue an occupational safety card for employees involved in jobs with strict requirements on occupational safety and health as stipulated at Article 2, Section VI of this Circular.

b) Lecturers of occupational safety and health courses shall be experienced, updated with knowledge of occupational safety and health and appointed by the employers.

c) Form and time period of training

- As for the first-time training: new recruits, apprenticess, trainees and persons in their probation period shall be adequately trained for all the contents and regulations as stipulated at Article 1 Section II of this Circular.

The period for the first-time training shall be at least 2 days.

The first-time training for employees including self-employed persons doing jobs with strict requirements on occupational safety and health shall be at least 3 days.

- As for periodic training: employers shall re-train or update knowledge for employees awareness of occupational safety and health regulations relating to their duties.

The period of a periodic training depends on the requirements on occupational safety and health of establishments but shall be at least once a year and each training course shall be at least 2 days.

- In the cases of employees transferred from one job to another; changes in equipment, production technology; or employees arranged work after a 6-month-and-above work stoppage, occupational safety and health shall be provided for the employees corresponding to new equipment, technology and duties.

d) The time period in which employees are trained except for self-employed persons shall be included in the working time and entitled to full wage and other benefits as stipulated by the legislation. For trainees, apprentices and persons in a probation period, entitlements during the training shall be referred to agreements in their contracts.

e) Expenses of training courses for employees shall be paid by the establishment recruiting employees.

III. TRAINING FOR EMPLOYERS

1. Content of training

a) Overview of the system of acts and legal documents, technical criteria and practice codes on occupational safety and health;

b) Legal regulations of policies and regimes for labour protection;

c) Rights and obligations of employers and employees for occupational safety and health;

d) Detailed regulations of State Administrators on occupational safety and health on building, expanding, or improving facilities, establishments to produce, use, preserve, store and appraise machinery, equipment and substances with strict requirements on occupational safety and health.

e) Dangerous and hazardous factors in working environment; measures to improve working conditions;

f) Management and implementation of regulations on occupational safety and health at the establishment:

- Organizational structure and responsibility assigned for occupational safety and health;

- Making plans on labour protection;

- Planning and disseminating regulations, internal rules on occupational safety and health at the establishment, workshops, units and safety procedures of machinery, equipment and substances;

- Propagading, educating, training and organizing public movements to implement occupational safety and health;

- Implementing policies and regimes of labour protection for employees;

- Checking and self-checking occupational safety and health;

- Implementing the registration and appraisail of machinery, equipment and substances with strict requirements on occupational safety and health;

- Declaring, investigating, keeping records and periodically reporting occupational accidents and diseases.

- Keeping records, reporting and reviewing occupational safety and health;

g) Responsibility and performance of the establishments trade union for occupational safety and health;

h) Stipulations on administrative pusnishment against acts violating occupational safety and health regulations.

2. Training organization

a) Responsibility for training organization

-The Department of Labour, Invalids and Social Affairs, and the Administration Committee of an industrial zone shall provide training and certificates for employers of establishments headquartering in the locality as stipulated at Article 1, Section IV of this Circular

- Ministries, Industries and Corporations shall organize training and provide certificates for employers of sub- establishments or coordinate with organizations and agencies licensed in training occupational safety and health to provide training and certificates.

b) Lecturers of occupational safety and health courses shall hold undergraduate degrees and above, having 5- year-and-above exprience in occupational safety and health and being appointed by the training organizer.

c) Form and period of training

- As for the first-time training: after taking the duty employers shall be adequately trained for the contents as stipulated at Article 1, Section III of this Circular.

The period for the first-time training: at least 2 days for establishments owners or persons authorized by the owners to run the business, directors, deputy directors, chairpersons of organizations and agencies directly recruiting labour; and at least 3 days for managers directly running construction sites, workshops and equivalent units.

- As for periodic training: employers shall be periodically trained to update information, acts, legal documents and new knowledge of occupational safety and health.

A periodic training shall be organized at least every 3 years and last for at least 2 days for establishments owners or persons authorized by owners to run the business, directors, deputy directors, chairpersons of organizations and agencies directly recruiting labour. A periodic training for managers directly running construction sites, workshops and equivalent units shall be at least once a year and last for at least 2 days.

d) The training period shall be included in working time and entitled to full wage and other benefits as stipulated by the law.

e) Expenses to organize training courses shall be paid by establishments who send their staff to take part in training courses.

IV. TRAINING FOR OFFICIALS IN CHARGE OF OCCUPATIONAL SAFETY AND HEALTH AT ESTABLISHMENTS

1. Training content

Besides the training contents as applicable to employers as stipulated at Article 1, Section III of this Circular officials in charge of occupational safety and health at establishments shall be trained for other contents as follows:

- Methods to identify dangerous and hazardous factors in working environment;

- Safety techniques and preventative measures against fire and explosion; techniques of occupational safety and health, and improvements of working conditions;

- Methods to implement the control and self-control of occupational safety and health at the establishment;

- Skills to declare, investigate, make reports, keep statistics and periodically report occupational accidents and diseases.

2. Training organization

a) Responsibility for training organization

- The Department of Labour, Invalids ans Social Affairs shall organize training and provide certificates for occupational safety and health officials of establishments headquartering in the locality.

- Ministries, Industries and Corporations shall organize training and provide certificates for occupational safety and health officials of their Corporations, subordinates or coordinate with organizations and agencies licensed to train, improve knowledge and provide certificates for occupational safety and health officials.

b) Forms and training period

- As for the first-time training: occupational safety and health officials shall be adequately trained for the contents as mentioned in Article 1, Section IV of this Circular.

The period for the first-time training shall be at least 3 days.

- As for period training: occupational safety and health officials shall be periodically trained to update information, acts, legal documents and new knowledge of occupational safety and health.

Periodic training shall be organized at least every year and last for at least 2 days.

c) Regulations on occupational safety and health lecturers; entitlements during the training period; expenses to organize training courses for occupational safety and health officials shall follow regulations as applicable to employers (at Points b,d and e; Article 2; Section III of this Circular).

V. DOCUMENTS ON OCCUPATIONAL SAFETY AND HEALTH TRAINING

1. The document system used as the foundation for preparation of the training content shall include:

a) Acts and legal documents on occupational safety and health, and other areas related;

b) Criteria and practice codes of the State and the Industry on occupational safety and health.

c) Regulations of Ministries, Industries, provinces and cities under the Centre and organizations authorized to administrate occupational safety and health (as applicable within Ministries, Industries, localities and units)

d) Technical documents relating to machinery, equipment and chemicals;

e) Scientific documents and information with reference to occupational safety and health;

f) Internal rules on occupational safety and health at undertakings; practice codes on safety for machinery, equipment and substances as stipulated by establishments.

2. Preparation of training content

a) The training organizer shall prepare training documents based on the training content of each trained subject as stipulated at Article 1, Section II; Article 1, Section III and Article 1; Section IV of this Circular. The training content shall be in accordance with characteristics, safety requirements and particular trained subjects at the establishment. The training content shall include both theory and case studies.

b) Ministries and Industries shall prepare training documents on occupational safety and health for each specialization.

VI. CERTIFICATION OF OCCUPATIONAL SAFETY AND HEALTH TRAINING ATTENDANCE AND OCCUPATIONAL SAFETY CARD

1. Certification of training attendance

a) A certificate of occupational safety and health training attendance shall be issued to employers and occupational safety and health officials after they meet the requirements of training tests.

b) The training organizer shall be responsible for printing, issuing and administrating certificates on occupational safety and health training attendance as referred to a form in Annex II of this Circular.

c) Employers and occupational safety and health officials shall be responsible for presenting the training attendance certificate at the request of inspection, checking committees on occupational safety and health.

2. Occupational safety card

a) Occupational safety cards shall be printed, issued and administrated by Departments of Labour, Invalids and Social Affairs as referred to a given form in Annex III of this Circular.

b) The training organizer shall be responsible for issuing occupational safety cards to employees including self-employed persons who perform jobs with strict requirements on occupational safety and health after the employees are trained for the first time and meet requirements of the tests.

c) Cases issued with occupational safety cards shall include:

- Employees recruited and arranged the first job;

- Employees transferred to new jobs with strict requirements on occupational safety and health;

- Changes of machinery, equipment and technology with strict requirements on occupational safety and health.

d) Cards shall not be re-issued for annually periodic training. Cards of employees violating regulations on occupational safety and health or having stopped the job since 6 months shall be revoked by employers. Employees who continue to do jobs with strict requirements on occupational safety and health shall be tested and issued with new cards by employers if they meet the test requirements.

e) The validity of an occupational safety card shall be 5 years. When a card is expired the employee shall be issued with a new card if requirements of the tests are satisfied. Failures shall be re-trained and re-tested.

The re-testing shall be arranged by the establishment recruiting labour.

f) Employees whose cards are lost or damaged can apply for consideration of card reissuance.

g) Employees at work shall wear occupational safety cards and demonstrate their cards at the request of employers and inspecting, checking groups on occupational safety and health.

VII. IMPLEMENTATION ORGANIZATION

1. Responsibility of establishments

a) Annually establishments shall make a plan and organize occupational safety and health training. The plan shall clearly state the content and the number of each trainee group, lecturers, date, expenses and facilities available for training.

b) A record book shall be filed for occupational safety and health as referred to a form enclosed with Annex IV of this Circular. The record book, training materials and tests shall be kept at the establishment and presented at request.

c) Establishments located in the same locality or operating in the same business sector can cooperate with one another or with organizations, agencies licensed in training occupational safety and health to provide training for their employees.

d) In case an establishment hires an intermediary to perform its production and business activities or permit employees of another establishment to use its facilities, the establishment owner shall clearly assign the responsibility of the intermediary, the head of the occupational safety and health training group as well as supervise and control their operation at the same time.

e) In the cases of persons who visit or be on probation at the establishment, subject to requirements on occupational safety and health, the employer shall be responsible for instructing and determining the time to provide guidance on occupational safety and health. After being instructed, the outsiders shall sign in the record book on occupational safety and health at the establishment.

f) Every year establishments shall report the list of employees involved in jobs with strict requirements on occupational safety and health to the Department of Labour, Invalids and Social Affairs, and their governing agencies for administration; review and periodic report on occupational safety and health training as stipulated in Inter-Ministerial Circular No. 14/1998/TTLT-BLDTBXH-BYT-TLDLDVN dated 31 October 1998 of the Ministry of Labour, Invalids and Social Affairs, the Ministry of Health and the Vietnam General Confederation of Labour.

2. Departments of Labour, Invalids and Social Affairs shall be responsible for assisting Provincial/Municipal Peoples Committees in their localities for unified administration of occupational safety and health training, particularly training and issuance of occupational safety cards for employees involved in jobs with strict occupational safety and health requirements.

3. Ministries, Industries, Provincial/Municipal Peoples Committees shall be responsible for steering, supervising and speeding up their subordinates to implement occupational safety and health training as stipulated by the law; annually reviewing, reporting the occupational safety and health training of Ministries, Industries, localities to the Ministry of Labour, Invalids and Social Affairs.

VIII. IMPLEMENTATION PROVISIONS

1. This Circular comes into effects 15 days after being published on the Official Gazette.

2. Circular No. 08/LDTBXH-TT dated 11 April 1995 of the Ministry of Labour, Invalids and Social Affairs providing guidance on training of occupational safety and health; Circular No. 23/LDTBXH-TT dated 19 September 1995 of the Ministry of Labour, Invalids and Social Affairs guiding supplements to Circular No.08/LDTBXH-TT dated 11 April 1995 of the Ministry of Labour, Invalids and Social Affairs providing guidance on training of occupational safety and health; and other documents contrary to the regulations of this Circular are repealed.

3. Any problem arising during the implementation of this Circular shall be immediately reported to the Ministry of Labour, Invalids and Social Affairs for consideration and settlement./.

 ANNEX I

LIST OF JOBS WITH STRICT REQUIREMENTS ON OCCUPATIONAL SAFETY AND HEALTH
(Enclosed with Circular No.37/2005/TT-BLDTBXH dated 29 December 2005 of the Ministry of Labour, Invalids and Social Affairs)

1. Jobs performed in environment with harmful factors such as hazardous chemicals, radioactive substances, pathogenic microorganisms causing diseases, etc;

2. Jobs regularly exposed to electricity sources and equipment with high risk of accidents;

3. Jobs in relation to producing, using, storing and transporting various explosives and explosive means such as detonators, explosive lines, delay lines, etc;

4. Jobs with risk of fire and explosion;

5. Jobs performed in environment with high noise and humidity;

6. Drilling, excavating mine-shafts, deep pits; exploiting minerals and mining;

7. Jobs at high and dangerous places, on rivers, on the sea, and deeply underwater;

8. Operating and repairing steam boilers, systems preparing and charging gas, pressure-resistant tanks and barrels, freezing systems, steam pipelines, gas pipelines; transporting compressed gas, liquidized gas and water-soluble gas;

9. Operating and repairing various lifting equipment, excavators, forklift trucks, lifting equipment without cable or chain, elevators and escalators;

10. Operating and repairing sawing, cutting, forging, stamping, grinding, mixing, etc machines with high risk of accidents such as hair and limb catching, hitting, pressing, etc.

11. Exploiting forest products, aquatic products; exploring and exploiting oil and gas;

12. Operating, repairing and maintaining machinery, equipment in caves, holds;

13. Painting, welding in airtight tanks, caves, tunnels, holds;

14. Working in environments with high emperature and high risk of accidents: working at coke furnaces; repairing coke furnaces; hot-metal rolling, ore refining, coke refining, metal smelting furnaces, cement clinker rotary furnaces, fireproof-material furnaces;

15. Operating, maintain and checking entertainment devices such as ferris wheels, telphers, devices creating strong sensation entertainment places./.

ANNEX IV

RECORD BOOK ON OCCUPATIONAL SAFETY AND HEALTH
(Enclosed with Circular No.37/2005/TT-BLDTBXH dated 29 December 2005 of the Ministry of Labour, Invalids and Social Affairs)

FORM No. 1

(Applied to employee/employer/occupational safety and health official at the establishment)

TRAINING OF OCCUPATIONAL SAFETY AND HEALTH FOR ............(1)

1. Name of the training organizer :

2. Training period: From day/month...to day/month/year

3. Training content:

4. Lecturer (Name, title, qualification)

5. Name of the training course organizer (Name, title, qualification)

6. List of attendants:

FORM No. 2

 (Applied to visitors, persons coming for business relationship and trainees at the establishment)

GUIDING OSH FOR VISITORS, PERSONS COMING FOR BUSINESS RELATIONSHIP AND TRAINEES AT THE ESTABLISHMENT

1. Name of the guider:

2. Guiding period:

3. Guiding content:

4. List of guided persons:

*Note:

• (1): Employee, employer or OSH official at the establishment.

• The training record book shall be stamped.