Thông tư 12/2020/TT-BCT sửa đổi Thông tư 09/2017/TT-BCT và Thông tư 10/2017/TT-BCT

CIRCULAR

On amending, supplementing and repealing a number of articles of the Circular No. 09/2017/TT-BCT dated July 13, 2017 of the Minister of Industry and Trade on providing regulations on technical inspection of occupational safety under the management of the Ministry of Industry and Trade and some inspection procedures promulgated together with the Circular No. 10/2017/TT-BCT dated July 26, 2017 of the Minister of Industry and Trade on providing procedures for technical inspection of occupational safety of machinery, equipment and supplies subject to strict occupational safety requirements under the management of the Ministry of Industry and Trade

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Pursuant to the Law on Occupational Safety and Health dated June 25, 2015;

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated July 26, 2017 on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government s Decree No. 44/2016/ND-CP dated May 15, 2016 on detailing a number of articles of the Law on Occupational Safety and Health with respect of technical inspection of occupational safety, occupational safety and sanitation training, and workplace monitoring;

Pursuant to the Government’s Decree No. 140/2018/ND-CP dated October 08, 2018 on amendments to decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, War Invalids and Social Affairs;

At the proposal of the Director General of the Industrial Safety Techniques and Environment Agency;

The Minister of Industry and Trade hereby promulgates the Circular on amending, supplementing and repealing a number of articles of the Circular No. 09/2017/TT-BCT dated July 13, 2017 of the Minister of Industry and Trade on providing regulations on technical inspection of occupational safety under the management of the Ministry of Industry and Trade and some inspection procedures promulgated together with the Circular No. 10/2017/TT-BCT dated July 26, 2017 of the Minister of Industry and Trade on providing procedures for technical inspection of occupational safety of machinery, equipment and supplies subject to strict occupational safety requirements under the management of the Ministry of Industry and Trade.

Article 1. To amend, supplement and repeal a number of articles of the Circular No. 09/2017/TT-BCT dated July 13, 2017 of the Minister of Industry and Trade on providing regulations on technical inspection of occupational safety under the management of the Ministry of Industry and Trade

1. To amend Clauses 5 and 7, Article 3 as follows:

“5.The inspecting object of group E (group E)is a single hydraulic pillar, movable bracket and self-propelled scaffold (hydraulic pillar, single hydraulic support, hydraulic bracket and hydraulic scaffold) used in underground mining.”

“7.The inspecting object of group H (group H)is explosion-proof electrical equipment used in an environment at risk fire and explosion.”

2. To amend Point c, Clause 2, Article 4 as follows:

“c) For group E

- System for creating pressure testing valves, hydraulic pillars and pressure pipes;

- Device for maintaining pressure testing hydraulic pillars;

- Device testing rafters, truss roofs or hydraulic brackets;

- Device testing weld quality;

- Testing manometer;

An inspection organization testing hydraulic pillars only shall not be required to prepare device testing rafters, truss roofs or hydraulic brackets and device testing weld quality.”

3. To amend Clause 4, Article 9 as follows:

“4. Devices and tools for the inspection, inspectors specified in Articles 4 and 7 shall only be used as conditions for grant of a Certificate of eligibility for an inspection organization.”

4. To add Clause 6, Article 17 as follows:

“6. To send a written notice to the Industrial Safety Techniques and Environment Agency within 10 days after changing inspectors or a person in charge of inspection activities used as conditions for grant of a Certificate of eligibility for an inspection organization.”

5. To repeal the following contents:

a) To repeal equipment as prescribed in Point dd, Clause 2 Article 4 as follows:

“- Device testing explosive pressure and fire spreading;

- Device testing spark safety circuit;

- Device testing the thermal shock.”

b) To repeal Point b, Clause 1, Article 12.

Article 2. To amend, supplement and repeal some provisions of the Procedures for technical inspection of occupational safety promulgated together with the Circular No. 10/2017/TT-BCT dated July 26, 2017 of the Minister of Industry and Trade on stipulating Procedures for technical inspection of occupational safety of machinery, equipment and supplies subject to strict occupational safety requirements under the management of ministry of industry and trade

1. To amend, supplement and repeal the QTKDD 09-2017/BCT - Procedures for technical inspection of occupational safety of single hydraulic pillars, movable brackets and self-propelled scaffolds containing single hydraulic pillars for supporting in underground mining as follows:

a) To supplement Section 3 as follows:

“- QCVN 03:2017/BCT, National technical regulation on safety of hydraulic support of coal mine.”

b) To amend Point a, Section 5.1 as follows:

“a) Inspecting for the first time before put into use”.

c) To amend Point a, Section 5.3 as follows:

“a) Hydraulic pillar, single hydraulic support, hydraulic bracket and hydraulic scaffold being used in coal mine shall be inspected once a year. If such hydraulic pillar, single hydraulic support, hydraulic bracket and hydraulic scaffold could not be brought out for inspection, after being used for supporting, such hydraulic pillar, single hydraulic support, hydraulic bracket and hydraulic scaffold shall be brought out for inspection.”

d) To amend Section 6 as follows:

“6. Implementation organization

The inspection of hydraulic pillar, single hydraulic support, hydraulic bracket and hydraulic scaffold shall be carried out by inspectors with certificate of inspector.

6.1. For facilities using devices

- To inspect within the prescribed time limit.

- To provide dossiers and technical documents related to the inspected devices.

- To prepare all conditions for safety technical inspection such as payload, servants, operating workers, electricity, hygiene, maintenance, repair of devices and necessary safety measures such as signs, signals and people on guard.

- To assign a preventative to witness, and coordinate when carrying out the inspection.

6.2. For inspection organization

- To inspect upon request of the using facility. In case of refusal to inspect, it shall reply in writing, clearly stating the reason to the facility.

- To carry out the inspection in compliance with standards and regulations on relevant technical safety and occupational hygiene.

- Based on the specific devices, to inspect the right subjects according to steps as prescribed in this Procedures to ensure the accurate results of the device status.

- If necessary, other inspection devices other than regular inspection devices may be used, there should be an agreement on any arising problem with the facility.

- During the inspection, if any risk leading to incident is detected, such risk must be recommended to the facility for remedy. After remedying, the inspection shall continue to be carried out.

To make a record on inspection and grant the Certificate on the inspection results as prescribed.”

dd) To replace the phrase “single hydraulic pillar, movable bracket and self-propelled scaffold” by the phrase “hydraulic pillar, single hydraulic support, hydraulic bracket and hydraulic scaffold” in Section 9.

e) To amend the phrase “10.2.1. For the first-time inspection device” by the phrase “10.2.1. For the device of first-time inspection before putting into use”; amend the phrase “10.2.3. To prepare all inspection devices for the inspection” by the phrase “10.2.5. To prepare all inspection devices for the inspection” and amend the phrase “10.2.4. Regulations on safety when inspecting single hydraulic pillar, movable bracket and self-propelled scaffold” by the phrase: “10.2.6. Regulations on safety when carrying out the inspection” in Section 10.

g) To amend Section 10.4.1 as follows”

“10.4.1. To make a report on inspection of hydraulic pillar according to form specified in the Appendix 1 of this Procedures, a report on inspection of single hydraulic support, hydraulic bracket and hydraulic scaffold according to form specified in the Appendix 2 of this Procedures.

h) To repeal regulations on quantity specified in Table 1 of Section 7.

i) To replace the phrase “single hydraulic pillar” by the phrase “hydraulic pillar” in the Appendix 1.

k) To replace the phrase “movable bracket and self-propelled scaffold” by the phrase “single hydraulic support, hydraulic bracket and hydraulic scaffold” in the Appendix 2.

2. To amend and repeal the QTKDD 10-2017/BCT - Procedures for technical inspection of occupational safety of hoists with the load capacity of 10,000N or more for use underground mining as follows:

a) To amend the phrase “with a winch diameter of < 0.6 m” by the phrase “with a winch diameter of ≤ 0.6 m” in Section 1.

b) To amend the phrase “≤ Vmaxx 6 (mm)” by the phrase “≤ Vmaxx 6 (s)” in the ordinal number 5, Section “C. Load testing” in the Appendix 3.

c) To repeal the testing item “Braking moment” in the ordinal number 11, Section “B. Checking outside, testing without load” in the Appendix 3.

3. To amend and supplement the QTKDD 11-2017/BCT - Procedures for technical inspection of occupational safety of explosion-proof transformers as follows:

a) To add the ordinal number 15, Section 3 “QCVN 03:2019/BCT, National technical regulation on safety for explosion-proof transformers sub-station used in underground mine”.

b) To amend the phrase “Inspecting before putting into use” by the phrase “Inspecting for the first time before putting into use” in Sections 4.3 and 9.1.

c) To amend Section 5.3 as follows:

“5.3. Irregular inspection

An irregular inspection shall be carried out in the following cases:

- After repairing, improving, renovating or changing the place of installation that impacts to the technical safety status of the explosion-proof transformers.

- The explosion-proof transformer does not operate for 12 months or longer.

- Upon request of the competent authorities.”

d) To add the following contents into Step 3, Section 9.1:

“- To check the cross-light element (if any).

- To check the torsion moment of terminal piles.”

dd) To add the following contents into Step 3, Section 9.2:

“- To check the connection and connection elements of the device.”

e) To amend Section 9.3 as follows:

“9.3. Irregular inspection

- In case of repairing, improving or renovating:

+ To check the dossier of design to repair, renovate or improve.

+ A test record after repairing, renovating or improving an explosion-proof transformer.

+ To carry out inspection steps according to Section 9.1.

If the repair affects to the explosion-proof safety structure of the device, the step of inspection and testing under technical requirements of current standards and technical regulations shall be complied with.

If testing contents related to the device is not mentioned in the device requirements specified in Point d, Clause 2, Article 4 of the Circular No. 09/2017/TT-BCT and the inspection organization does not have testing devices to implement such contents, the inspection and testing shall be carried out in testing organizations assigned by the Ministry of Industry and Trade as prescribed.

- In case of changing the place of installation:

+ To check the dossier of installation and the actual installation of devices;

+ To carry out inspection steps as prescribed in Section 9.1.

+ If the explosion-proof transformer does not operate for 12 months or longer, the dossier shall be considered and checked like a technical safety inspection and the inspection steps as prescribed in Section 9.1 shall be carried out.”

g) To replace the Appendix attached to the QTKDD 11-2017/BCT by the Appendix attached to this Circular.

4. To amend and supplement the QTKDD 12-2017/BCT - Procedures for technical inspection of occupational safety of explosion-proof motors as follows:

a) To amend the phrase “Inspecting before putting into use” by the phrase “Inspecting for the first time before putting into use” in Sections 4.3 and 9.1.

b) To amend Section 5.3 as follows:

“5.3. Irregular inspection

An irregular inspection shall be carried out in the following cases:

- After repairing, improving, renovating or changing the place of installation that affects to the technical safety status of the explosion-proof motor.

- An explosion-proof motor that does not operate for 12 months or longer.

- Upon request of the competent authorities.”

c) To add the following contents into Step 2, Section 9.1:

“- To check the cross-light element (if any).”

d) To supplement the following content in Step 3 of Section 9.2:

“- To check the connection elements and connection of the device.”

dd) To amend Section 9.3 as follow:

“9.3. Irregular inspection

- In case of repair, renovation or upgrade:

+ Checking the dossier of designing, repairing, renovating and upgrading.

+ Record on acceptance after repairing, renovating and upgrading explosion proof electric motors.

+ Follow the verification steps as prescribed in Section 9.1.

In case of repairs affecting the safety structure on explosion proof of equipment, it is necessary to carry out inspection and testing steps according to requirements of current technical standards and regulations.

If the test content related to equipment other than required equipment prescribed at Point dd, Clause 2, Article 4 of the Circular No. 09/2017/TT-BCT and accreditation organizations do not have the equipment to conduct these contents, such examination and testing must be conducted at the testing organizations assigned by the Ministry of Industry and Trade in accordance with law provisions.

- In case of change of installation location:

+ Check the dossier of installation and the actual equipment installation;

+ Follow the verification steps as prescribed in Section 9.1.

- In case the explosion proof electric motor did not operated for more than 12 months, the dossier shall be considered as a technical safety inspection and follow the verification steps as prescribed in Section 9.1.”

e) To amend the phrase “4. General conclusions and recommendations” to “IV. GENERAL CONCLUSIONS AND RECOMMENDATIONS” in Appendices.

5. To amend and supplement the QTKDD 13-2017/BCT - Procedures for technical inspection of occupational safety of explosion proof distributors and breakers as follows:

a) To amend the phrase of “Inspect before use” in to “Initial inspect before use” in Section 4.3 and 9.1.

b) To amend Section 5.3 as follow:

“Irregular inspection

Irregular inspection shall be implement in the following cases:

In case of repair, innovate, improve or change of position affecting the safety structure of explosion proof distributors and breakers;

- The explosion proof distributors and breakers does not operate for 12 months or longer;

- Up on request of competent authority.”

c) To supplement the following content in Step 3 of Section 9.1:

“- Inspection of translucent component.”

d) To supplement the following content in Step 3 of Section 9.2:

“- To check the connection elements and connection of the device.”

dd) To amend Section 9.3 as follow:

“9.3. Irregular inspection

- In case of repair, renovation or upgrade:

+ Checking the dossier of designing, repairing, renovating and upgrading.

+ Record on acceptance after repairing, renovating and upgrading explosion proof distributors and breakers.

In case of repairs affecting the safety structure on explosion proof of equipment, it is necessary to carry out inspection and testing steps according to requirements of current technical standards and regulations.

If the test content related to equipment other than required equipment prescribed at Point dd, Clause 2, Article 4 of the Circular No. 09/2017/TT-BCT and accreditation organizations do not have the equipment to conduct these contents, such examination and testing must be conducted at the testing organizations assigned by the Ministry of Industry and Trade in accordance with law provisions.

- In case of change of installation location:

+ Check the dossier of installation and the actual equipment installation;

+ Follow the verification steps as prescribed in Section 9.1.

- In case the explosion proof distributors and breakers does not operated for more than 12 months, the dossier shall be considered as a technical safety inspection and follow the verification steps as prescribed in Section 9.1.”

e) To amend the phrase “4. General conclusions and recommendations” to “IV. GENERAL CONCLUSIONS AND RECOMMENDATIONS” in Appendices.

6. To amend and supplement the QTKDD 14-2017/BCT - Procedures for technical inspection of occupational safety of explosion proof control equipment as follows:

a) To amend the phrase of “Inspect before use” in to “Initial inspect before use” in Section 4.3 and 9.1.

b) To amend Section 5.3 as follow:

“Irregular inspection

Irregular inspection shall be implement in the following cases:

In case of repair, innovate, improve or change of position affecting the safety structure of explosion proof control equipment.

- The explosion proof control equipment does not operate for 12 months or longer;

- Up on request of competent authority.”

b) To supplement the following content in Step 3 of Section 9.2:

“- To check the connection elements and connection of the device.”

c) To amend Section 9.3 as follow:

“9.3. Irregular inspection

- In case of repair, renovation or upgrade:

+ Checking the dossier of designing, repairing, renovating and upgrading.

+ Record on acceptance after repairing, renovating and upgrading explosion proof control equipment.

In case of repairs affecting the safety structure on explosion proof of equipment, it is necessary to carry out inspection and testing steps according to requirements of current technical standards and regulations.

If the test content related to equipment other than required equipment prescribed at Point dd, Clause 2, Article 4 of the Circular No. 09/2017/TT-BCT and accreditation organizations do not have the equipment to conduct these contents, such examination and testing must be conducted at the testing organizations assigned by the Ministry of Industry and Trade in accordance with law provisions.

- In case of change of installation location:

+ Check the dossier of installation and the actual equipment installation;

+ Follow the verification steps as prescribed in Section 9.1.

- In case the explosion proof remote control equipment did not operated for more than 12 months, the dossier shall be considered as a technical safety inspection and follow the verification steps as prescribed in Section 9.1.”

e) To amend the phrase “4. General conclusions and recommendations” to “IV. GENERAL CONCLUSIONS AND RECOMMENDATIONS” in Appendices.

7. To amend and QTKDD 15-2017/BCTQTKDD 15-2017/BCT - Procedures for technical inspection of occupational safety of explosion proof generator as follows:

a) To amend the phrase of “Inspect before use” in to “Initial inspect before use” in Section 4.3 and 9.1.

b) To amend Section 5.3 as follow:

“Irregular inspection

Irregular inspection shall be implement in the following cases:

In case of repair, innovate, improve or change of position affecting the safety structure of explosion proof generators.

- The explosion proof generators do not operate for 12 months or longer;

- Up on request of competent authority.”

c) To supplement the following content in Step 3 of Section 9.2:

“- To check the connection elements and connection of the device.”

d) To amend Section 9.3 as follow:

“9.3. Irregular inspection

- In case of repair, renovation or upgrade:

+ Checking the dossier of designing, repairing, renovating and upgrading.

+ Record on acceptance after repairing, renovating and upgrading explosion proof generator.

In case of repairs affecting the safety structure on explosion proof of equipment, it is necessary to carry out inspection and testing steps according to requirements of current technical standards and regulations.

If the test content related to equipment other than required equipment prescribed at Point dd, Clause 2, Article 4 of the Circular No. 09/2017/TT-BCT and accreditation organizations do not have the equipment to conduct these contents, such examination and testing must be conducted at the testing organizations assigned by the Ministry of Industry and Trade in accordance with law provisions.

- In case of change of installation location:

+ Check the dossier of installation and the actual equipment installation;

+ Follow the verification steps as prescribed in Section 9.1.

- In case the explosion proof electric generator did not operated for more than 12 months, the dossier shall be considered as a technical safety inspection and follow the verification steps as prescribed in Section 9.1.”

e) To amend the phrase “4. General conclusions and recommendations” to “IV. GENERAL CONCLUSIONS AND RECOMMENDATIONS” in Appendices.

8. To amend QTKDD 16-2017/BCT - Procedures for technical inspection of occupational safety of cables used at workplace having flammable gases and combustible dust (explosion proof cable) as follow:

a) To amend the phrase of “Inspect before use” in to “Initial inspect before use” in Section 4.3 and 9.1.

c) To amend the phrase “4. General conclusions and recommendations” to “IV. GENERAL CONCLUSIONS AND RECOMMENDATIONS” in Appendices.

9. To amend QTKDD 17-2017/BCT - Procedures for technical inspection of occupational safety of explosion proof generator as follows:

a) To amend the phrase of “Inspect before use” in to “Initial inspect before use” in Section 4.3 and 9.1.

b) To amend Section 5.3 as follow:

“Irregular inspection

Irregular inspection shall be implement in the following cases:

In case of repair, innovate, improve or change of position affecting the safety structure of explosion proof lightning equipment.

- The explosion proof lightning equipment does not operate for 12 months or longer;

- Up on request of competent authority.”

c) To supplement the following contents in Step 3 of Section 9.2:

“- To check the connection elements and connection of the device.”

d) To amend Section 9.3 as follow:

“9.3. Irregular inspection

- In case of repair, renovation or upgrade:

+ Checking the dossier of designing, repairing, renovating and upgrading.

+ Record on acceptance after repairing, renovating and upgrading explosion proof lightning equipment.

+ Follow the verification steps as prescribed in Section 9.1.

In case of repairs affecting the safety structure on explosion proof of equipment, it is necessary to carry out inspection and testing steps according to requirements of current technical standards and regulations.

If the test content related to equipment other than required equipment prescribed at Point dd, Clause 2, Article 4 of the Circular No. 09/2017/TT-BCT and accreditation organizations do not have the equipment to conduct these contents, such examination and testing must be conducted at the testing organizations assigned by the Ministry of Industry and Trade in accordance with law provisions.

- In case of change of installation location:

+ Check the dossier of installation and the actual equipment installation;

+ Follow the verification steps as prescribed in Section 9.1.

- In case the explosion proof lightning equipment did not operated for more than 12 months, the dossier shall be considered as a technical safety inspection and follow the verification steps as prescribed in Section 9.1.”

dd) To amend the phrase “4. General conclusions and recommendations” to “IV. GENERAL CONCLUSIONS AND RECOMMENDATIONS” in Appendices.

10. To amend and QTKD 18-2017/BCT - Procedures for technical inspection of occupational safety of electric blasting machines as follow:

a) To amend the phrase of “Inspect before use” in to “Initial inspect before use” in Section 4.3 and 9.1.

b) To amend Section 5.3 as follow:

“Irregular inspection

Irregular inspection shall be implement in the following cases:

In case of repair, innovate, improve or change of position affecting the safety structure of electric blasting machines.

- Up on request of competent authority.”

c) To amend Section 9.3 as follow:

“9.3. Irregular inspection

- In case of repair, renovation or upgrade:

+ Checking the dossier of designing, repairing, renovating and upgrading.

+ Record on acceptance after repairing, renovating and upgrading of electric blasting machines.

+ Follow the verification steps as prescribed in Section 9.1.

In case of repairs affecting the safety structure on explosion proof of equipment, it is necessary to carry out inspection and testing steps according to requirements of current technical standards and regulations.

If the test content related to equipment other than required equipment prescribed at Point dd, Clause 2, Article 4 of the Circular No. 09/2017/TT-BCT and accreditation organizations do not have the equipment to conduct these contents, such examination and testing must be conducted at the testing organizations assigned by the Ministry of Industry and Trade in accordance with law provisions.

c) To amend the phrase “4. General conclusions and recommendations” to “IV. GENERAL CONCLUSIONS AND RECOMMENDATIONS” in Appendices.

Article 3. Implementation provisions

1. This Circular takes effect on August 02, 2020.

2. In the course of implementation, any problem arising should be promptly report to the Ministry of Industry and Trade for consideration and settlement./.

For the Minister

The Deputy Minister

Hoang Quoc Vuong

* All Appendices are not translated herein.