Thông tư 16/2017/TT-BLĐTBXH thiết bị, vật tư có yêu cầu nghiêm ngặt về an toàn lao động

 

CIRCULAR

Detailing a number of contents of technical inspection of occupational safety for machinery, equipment and supplies subject to strict requirements for occupational safety

 

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

Pursuant to Decree No. 14/2017/ND-CP dated February 17, 2017, of the Government, on functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

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

At the proposal of the Director of the Department of Work Safety,

The Minister of Labor, Invalids and Social Affairs promulgates the Circular detailing a number of contents of technical inspection of occupational safety for machinery, equipment and supplies subject to strict requirements for occupational safety.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Circular stipulates a number of measures for managing and implementing occupational safety inspection; forms, contents, programs and organization of training, further training and testing of professional skills for inspection of machinery, equipment and supplies subject to strict requirements for occupational safety under the management responsibility of the Ministry of Labor, Invalids and Social Affairs; application of information technology in occupational safety inspection.

Article 2. Subjects of application

1. Occupational safety inspection organizations;

2. Inspectors conducting inspections of machinery, equipment and supplies subject to strict requirements for occupational safety under the management authority of the Ministry of Labor, Invalids and Social Affairs;

3. Organizations and individuals using machinery, equipment and supplies subject to strict requirements for occupational safety;

4. Other organizations and individuals related to occupational safety inspection; organizations and individuals providing training, further training and testing of occupational safety inspection skills under the management authority of the Ministry of Labor, Invalids and Social Affairs.

Article 3. Management of occupational safety inspection

The Ministry of Labor, Invalids and Social Affairs designates the Department of Work Safety as the focal agency in charge of managing occupational safety inspection (hereinafter referred to as the focal agency).

 

Chapter II

TRAINING, FURTHER TRAINING, AND TESTING OF TECHNICAL SAFETY INSPECTION SKILLS FOR MACHINERY, EQUIPMENT AND SUPPLIES SUBJECT TO STRICT REQUIREMENTS FOR OCCUPATIONAL SAFETY UNDER THE MANAGEMENT AUTHORITY OF THE MINISTRY OF LABOR, INVALIDS, AND SOCIAL AFFAIRS

 

Article 4. Training and further training of occupational safety inspection skills

1. The training in occupational safety inspection skills is conducted for individuals who have graduated from university of technical discipline and have not been granted an inspector certificate or have had their inspector certificate revoked;

2. The further training in occupational safety inspection skills is conducted for individuals who are inspectors. The inspectors must attend a further training course on occupational safety inspection at least once within 36 months.

Article 5. Content, program of training and further training of occupational safety inspection skills

1. The content of training of occupational safety inspection includes:

a) General theory: System of legal documents on inspection; methods of assessing risks of machinery and equipment subject to strict requirements for occupational safety; instructions on the use of measuring devices and tools for safety inspection;

b) Professional theory: principles of equipment structure and operation; national technical regulations; safety inspection process for each inspection object;

c) Practice: inspection of equipment in accordance with inspection procedures; use of measuring instruments; testing of tools used for inspection.

2. The content of further training of occupational safety inspection includes: Update of the legal documents related to inspection; national technical regulations; inspection procedures; state management information on occupational safety inspection nationwide.

3. The framework program for training and further training of occupational safety inspection skills is specified in Appendix I issued with this Circular.

Article 6. Planning and selection of units to organize training and further training of occupational safety inspection skills

1. The focal agency shall organize training and further training of occupational safety inspection skills; select units to conduct training and further training; inspect and supervise training and further training of occupational safety inspection; and recognize the examination results of training and further training of occupational safety inspection.

2. The unit selected to conduct training and further training of occupational safety inspection skills must ensure the following requirements:

a) Be an occupational safety and hygiene training organization that has been granted a valid Certificate of Eligibility for Operation;

b) Have developed a plan to organize training and further training courses of occupational safety inspection skills that meet the requirements in Clause 3 of this Article;

c) Carry out the responsibilities of the unit conducting training and further training of occupational safety inspection skills as prescribed in Article 11 of this Circular.

3. The plan to organize training and further training courses of occupational safety inspection skills includes the following contents:

a) Expected time and location of the training and further training courses of occupational safety inspection skills;

b) Number of trainees expected to participate in training and further training courses;

c) Training and further training program and content;

d) List of lecturers of training and further training courses of occupational safety inspection skills (with scientific resume) participating in training and further training;

dd) Plan to organize the examination and propose members to participate in the Examination Council according to the content and program of training and further training of occupational safety inspection skills specified in Appendix I issued with this Circular;

e) Training documents, curriculum and test banks in accordance with the content and program of training and further training of occupational safety inspection skills as prescribed in Appendix I issued with this Circular.

Article 7. Examination Council for occupational safety inspection skills

1. The head of the focal agency shall decide to establish the Examination Council for occupational safety inspection skills.

2. The Examination Council for occupational safety inspection skills has at least 05 members who are representatives of the focal agency and the unit assigned to organize the training course, in which, the Chairperson of the Council is the leader of the focal agency.

3. The Examination Council for occupational safety inspection skills is responsible for organizing and implementing examinations of training and further training courses of occupational safety inspection skills.

4. The Examination Council for occupational safety inspection skills has the following duties:

a) Approve the list of trainees eligible for the examination in accordance with Clause 1, Article 9 of this Circular;

b) Develop and adjust tests suitable for participants of the training and further training courses of occupational safety inspection skills;

c) Establish an Examination Scoring Board;

d) Summarize the examination results and report to the head of the focal agency to make decision on the recognition of the examination results. The form of the Report on the results of the training and further training courses of occupational safety inspection skills is specified in Appendix II issued with this Circular.

dd) Synthesize comments on organization, program, procedure to report to the head of the focal agency and handle incidents occurring during the examination process.

Article 8. Examination Scoring Board for training and further training of occupational safety inspection skills

1. The Examination Scoring Board has at least 02 members to examine the theory test and 03 members to examine the practice test, including: expert with 5 years or more experience in design, manufacture, operation, inspection, certification of machinery, equipment and supplies subject to strict requirements for occupational safety; representative of state management agency on occupational safety.

2. The Examination Scoring Board has the following duties:

a) Ask, score, summarize and report the examination results to the Examination Council for occupational safety inspection skills;

b) Make proposal to the Examination Council for occupational safety inspection skills to promptly correct errors in the tests.

Article 9. Examination for occupational safety inspection skills

1. The trainees are eligible for taking the test if they ensure attendance duration at least 80% of the training and further training program duration.

2. Form and content of the examination for the occupational safety inspection training course

a) Theory test: The trainees take the paper-based test in multiple-choice format. The test content includes general theory and theory of the corresponding subject according to the registered content.

b) Practice test: The trainees take the practice test directly on the inspected object or on simulation software according to the inspection procedures and process the inspection results on each registered inspected object.

3. For the further training course of occupational safety inspection, the trainees take the paper-based test in the format of multiple-choice questions.

4. The trainees participating in the occupational safety inspection training course will take a second theory and practice test if the first test results do not meet the requirements. The time and place are decided by the Examination Council. The trainees who fail the second test must re-attend the further training course for the test content they failed.

Article 10. Recognition of results of occupational safety inspection examination

1. The head of the focal agency shall decide to recognize the examination results upon the proposal of the Chairperson of the Examination Council for occupational safety inspection skills.

2. The trainees pass the occupational safety inspection examination when the theory and practice test results according to the training and further training program reach 70 points (on a scale of 100) or higher.

3. The unit organizing the training and further training courses of occupational safety inspection skills shall issue the Certificate of completion of the training and further training courses of occupational safety inspection skills to the trainees who meet the examination requirements. The form of Certificate of completion of the training and further training courses of occupational safety inspection skills is specified in Appendix III issued with this Circular.

Article 11. Responsibilities of the unit conducting training and further training of occupational safety inspection skills

1. Publicly collect training and further training charges and reimburse training and further training charges to trainees in case the unit fails to conduct training in accordance with this Circular.

2. During the process of organizing and implementing training and further training of occupational safety inspection skills, the training and further training unit must meet the requirements in the approved plan. In case of any change in plan, it must be promptly notified to the focal agency for consideration and decision-making.

3. Comply with the regulations on training, further training, and testing of occupational safety inspection skills issued by the focal agency.

4. Prepare adequate physical foundations and human resources, ensure security and safety during the theory and practice tests.

5. Store records and documents related to training and further training courses in accordance with the law.

 

Chapter III

A NUMBER OF MEASURES ON MANAGEMENT AND IMPLEMENTATION OF OCCUPATIONAL SAFETY INSPECTION

 

Article 12. A number of measures on management and implementation of occupational safety inspection

1. The ministries shall, according to the authority prescribed in Clause 7, Article 42 of Decree No. 44/2016/ND-CP, make reports on the status of inspection of machinery, equipment and supplies subject to strict requirements for occupational safety according to the form in Appendix IV issued with this Circular, or by electronic data on the database software on occupational safety inspection.

2. The organizations and individuals using machinery, equipment and supplies subject to strict requirements for occupational safety must check information and select qualified occupational safety inspection organizations to conduct inspection; must check inspector cards or inspector certificates to ensure that inspectors have the appropriate capacity to conduct inspection.

3. In addition to the provisions in Article 15, Article 44 of Decree No. 44/2016/ND-CP, the occupational safety inspection organizations shall:

a) Affix the inspection stamp or display the inspection information on the inspected object meeting applicable standards in a visible and easy-to-read position. The inspection stamp can be enlarged or reduced under the size of the inspection object, but must ensure that the parameters recorded on the stamp can be recognized by the naked eye and are not blurred or peeled off during use.

b) Must sign the contract with inspectors to conduct occupational safety inspection; issue occupational safety inspection cards to inspectors working at the organization. The form of inspector card is specified in Appendix V issued with this Circular.

4. Contents of information technology application in management of occupational safety inspection:

a) Public services in the field of occupational safety inspection;

b) Formulation of database software for management of occupational safety inspection;

c) Report on the results of the inspection of machinery, equipment and supplies subject to strict requirements for occupational safety using electronic data;

d) Announcement of information on organizations eligible for occupational safety inspection.

Article 13. Formulation of database software for management of occupational safety inspection

1. The focal agency shall build, update and manage the occupational safety inspection database software. Provide guidance and data to the Province-level Departments of Labor, Invalids and Social Affairs to manage occupational safety inspection in the localities under their management.

2. From the date the occupational safety inspection database software officially comes into operation, the occupational safety inspection organization is responsible for using the software in the organization's operations to serve the updating of the occupational safety inspection database.

Article 14. Announcement of information on organizations eligible for occupational safety inspection

The focal agency is responsible for announcing the organizations eligible for occupational safety inspection; organizations whose occupational safety inspection activities have been suspended or have their Certificates of eligibility for occupational safety inspection revoked; the list of occupational safety inspectors on the website of the Department of Work Safety, the Ministry of Labor, Invalids and Social Affairs (http://antoanlaodong.gov.vn).

Article 15. Online public services in the field of occupational safety inspection under the management authority of the Ministry of Labor, Invalids and Social Affairs

1. The focal agency shall develop and unify the management of online public service software for grant, re-grant, and renewal of the Certificates of eligibility for occupational safety inspection; grant, re-grant of the Inspector Certificates and other online public services related to occupational safety inspection.

2. The organizations and individuals can choose to submit applications for grant, re-grant, and renewal of the Certificates of eligibility for occupational safety inspection; grant, re-grant of the Inspector Certificates via the electronic network. The focal agency shall develop a process for resolving and processing applications submitted via online public service software.

 

Chapter IV

IMPLEMENTATION ORGANIZATION

 

Article 16. Responsibilities of the Province-level Departments of Labor, Invalids and Social Affairs

1. Coordinate with relevant agencies in disseminating and guiding grassroots level units using inspection objects and inspection organizations based in their localities to implement this Circular.

2. Receive declaration documents on the use of inspection objects from organizations and individuals in the localities under their management. Grant the declaration confirmation according to the form prescribed in Appendix VI issued with this Circular to the declaring organization or individual within 05 days from the date of receiving the complete declaration form and a copy of the Certificate of equipment inspection results.

3. Inspect and examine occupational safety inspection including the activities of organizations providing occupational safety inspection services in the localities under their management.

4. Implement administrative sanctions, request competent authorities to revoke the Certificate of eligibility for occupational safety inspection, revoke the Inspector Certificate for the cases specified in Article 8 and Article 14 of Decree No. 44/2016/ND-CP.

5. Notify the focal agency when imposing penalties, suspending operations, or revoking the Certificate of eligibility for occupational safety inspection of the Inspection Organization.

6. Synthesize and report to the focal agency on the status of declaration of use and occupational safety inspection of machinery, equipment and supplies subject to strict requirements for occupational safety in the localities annually before January 5 of the subsequent year or when requested.

Article 17. Responsibilities of the Department of Work Safety, the Ministry of Labor, Invalids and Social Affairs

1. Formulate, promulgate and apply regulations on organizing training, further training and testing of occupational safety inspection skills.

2. Conduct regular, periodic and ad hoc inspections, checks and supervision of occupational safety inspection, including the activities of organizations providing occupational safety inspection services under authority.

3. Annually summarize and report to the Minister of Labor, Invalids and Social Affairs before January 15 of the subsequent year on the status of technical safety inspection nationwide.

Article 18. Effect

1. This Circular takes effect from August 22, 2017.

2. Any problems arising in the course of implementation of this Circular should be promptly reported by the individuals and organizations to the Ministry of Labor, Invalids and Social Affairs for consideration and settlement./.

 

 

 

APPENDIX I.

PROGRAM OF TRAINING AND FURTHER TRAINING OF OCCUPATIONAL SAFETY INSPECTION SKILLS

(Attached to Circular No. 16/2017/TT-BLDTBXH dated June 8, 2017 of the Minister of Labor, Invalids and Social Affairs)

 

1. Occupational safety inspection training program

*Note: 1 theory lesson = 45 minutes; 1 practice lesson = 60 minutes

2. Occupational safety inspection further training program

Depending on the requirements for further training in occupational safety inspection, apply one of the following programs:

2.1. Regular further training program:

Content:

- Update new contents of legal documents related to occupational safety inspection; technical standards; inspection procedures. Changes to relevant technical standards.

- Update information and experience on occupational safety inspection nationwide.

The duration of the occupational safety inspection further training course is 16 lessons, including theory tests.

2.2. Special further training program:

a) Content: Applied as the regular further training program, with an addition of practice to meet the requirements of innovation in inspection procedures or new requirements of inspection subjects.

b) Duration: Applied as the regular further training program, with an addition of practice and practical tests.

 

APPENDIX II.

FORM OF REPORT ON THE EXAMINATION RESULTS OF THE TRAINING AND FURTHER TRAINING COURSES OF OCCUPATIONAL SAFETY INSPECTION SKILLS
(Attached to Circular No. 16/2017/TT-BLDTBXH dated June 8, 2017 of the Minister of Labor, Invalids and Social Affairs)

 

REPORT

Examination results of the training (or further training) course of occupational safety inspection

1. INFORMATION ON THE TRAINING (OR FURTHER TRAINING) COURSE OF OCCUPATIONAL SAFETY INSPECTION

- Training (or further training) program and content.

- Total expected number of trainees, actual number of trainees participating in each subject (with attached list).

- Time and venue.

- Other contents………….

2. RESULTS OF THE TRAINING (OR FURTHER TRAINING) COURSE OF OCCUPATIONAL SAFETY INSPECTION

- Subject……: number of trainees…….; number of trainees eligible for the exam…….; number of trainees passing the exam: ……..

- Subject……: number of trainees…….; number of trainees eligible for the exam…….; number of trainees passing the exam: ………..

A detailed list of the trainees' test results is attached to this report.

3. COMMENTS AND RECOMMENDATIONS

 

 

DETAILED LIST OF THE TRAINEES' TEST RESULTS

 

1. Results of Subject ....

2. Results of Subject ....

…

APPENDIX III.

FORM OF CERTIFICATE OF COMPLETION OF THE TRAINING AND FURTHER TRAINING COURSES OF OCCUPATIONAL SAFETY INSPECTION SKILLS
(Attached to Circular No. 16/2017/TT-BLDTBXH dated June 8, 2017 of the Minister of Labor, Invalids and Social Affairs)

 

Form No. 01. Form of Certificate of completion of the occupational safety inspection training course.

Form No. 02. Form of Certificate of completion of occupational safety inspection further training course.

 

Form No. 01. Form of Certificate of completion of the occupational safety inspection training course

 

Full name: ............................................................................................. Male/Female:…………

Date of birth:…………………., Place of birth...................................................................................

Nationality:…………………., Identity card/Citizen identity card/Passport number..................................

Name of workplace:...................................................................................................................

Position:...............................................................................................................................

Have completed the training course of occupational safety inspection for the following inspection subjects: 

..............................................................................................................................................

Held from …….................….. to …… ................……

 

 

Form No. 02. Form of Certificate of completion of occupational safety inspection further training course

 

Mr./Ms.: ..............................................................................................................................

Date of birth:………………………….., Place of birth:..........................................................................

Male/Female:.............................................................................................................................

Nationality:……………………………., Identity card (Passport) number......................................

Name of workplace:..................................................................................................................

Position: ……………………..Inspector number:………………………

Have completed the further training course of occupational safety inspection held from ………………. to date ………………….…. at....

 

APPENDIX IV.

REPORT ON THE STATUS OF INSPECTION OF MACHINERY, EQUIPMENT AND SUPPLIES SUBJECT TO STRICT REQUIREMENTS FOR OCCUPATIONAL SAFETY
(Issued with Circular No. 16/2017/TT-BLDTBXH dated June 8, 2017 of the Minister of Labor, Invalids and Social Affairs)

 

REPORT

Status of inspection of machinery, equipment and supplies subject to strict requirements for occupational safety

 

I. Evaluation of the implementation of inspection of machinery, equipment and supplies subject to strict requirements for occupational safety in 20...

1. Status of developing legal documents related to the management of machinery, equipment and supplies subject to strict requirements for occupational safety under the management responsibility of the sector and field

2. Number of inspected machinery, equipment and supplies subject to strict requirements for occupational safety (total number of machinery and equipment inspected for the first time and periodically; number of machines and equipment that meet/fail to meet requirements, reasons)

3. Status of grant, renewal, revocation of certificates of eligibility for occupational safety inspection (with attached list)

4. Status of grant, revocation of certificates of occupational safety inspectors (with attached list).

5. Status of inspection and examination of occupational safety inspection under their management

6. Status of occupational accidents related to machinery and equipment subject to strict requirements for occupational safety

II. Difficulties, problems, and recommendations in the process of inspection of machinery, equipment and supplies subject to strict requirements for occupational safety

 

APPENDIX V.

FORM OF INSPECTOR CARD
(Issued with Circular No. 16/2017/TT-BLDTBXH dated June 8, 2017 of the Ministry of Labor, Invalids and Social Affairs)

(FRONT SIDE)

 

(Number: Record the number specified on the inspector certificate)

(BACK SIDE)

(Card size: 86mm x 54mm) 

APPENDIX VI.

FORM OF DECLARATION CONFIRMATION
(Issued with Circular No. 16/2017/TT-BLDTBXH dated June 8, 2017 of the Minister of Labor, Invalids and Social Affairs)

 

 

DECLARATION CONFIRMATION

USE OF MACHINERY, EQUIPMENT AND SUPPLIES SUBJECT TO STRICT REQUIREMENTS FOR OCCUPATIONAL SAFETY

1. Name of declaring organization or individual: .......................................................................................................................

2. Address: ..............................................................................................

3. Telephone: ……………………………

4. Fax:.................................................

5. E-mail:

Have declared the use of machinery, equipment and supplies subject to strict requirements for occupational safety according to the declaration form dated …….…….……. signed by Mr./Ms. ………………….../.

 

 

(1) The confirmor is the legal representative of the Department of Labor, Invalids and Social Affairs: Department leaders; Division leaders or assigned officials, depending on the regulations on decentralization and delegation of authority of the Department of Labor, Invalids and Social Affairs.