Thông tư 04/2017/TT-BXD về quản lý an toàn lao động trong xây dựng

THE MINISTRY OF CONSTRUCTION

Circular No. 04/2017/TT-BXD dated March 30, 2017 of the Ministry of Construction on occupational safety management in the execution of construction works

Pursuant to the Law on Construction dated June 18, 2014;

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

Pursuant to the Government’s Decree No. 46/2015/ND-CP dated May 12, 2015 on the quality control and maintenance of the construction works;

Pursuant to the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on the construction project management;

Pursuant to the Government’s Decree No. 39/2016/ND-CP dated May 15, 2016 on detailing the implementation certain articles of the Law on Occupational Safety and Hygiene;

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 Hygiene on activities related to occupational safety inspection, occupational safety training and working environment monitoring;

Pursuant to the Government’s Decree No. 62/2013/ND-CP dated June 25, 2013 on the functions, tasks, powers and organizational structure of the Ministry of Construction;

At the request of the Director of the State Authority for Construction Quality Inspection;

The Minister of Construction promulgates the Circular on occupational safety management in the execution of construction works.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

1. This Circular deals with occupational safety management in the execution of construction works; organize the training courses and refresher courses and examination on inspection of machines, equipment and materials subject to strict occupational safety requirements under the management of the Ministry of Construction(hereinafter referred to as “machines, equipment and materials”); guidance on the reporting, investigation, preparation of statistics and response to collapses of machines, equipment and materials that occur during the construction.

2. Unless otherwise prescribed in this Circular, occupational safety management during the construction shall comply with the provisions of law on occupational safety and hygiene and other relevant regulations of law.

Article 2. Subject of application

This Circular applies to the authorities, organizations and individuals participating in the construction investment in Vietnam and relevant organizations and individuals involved in occupational safety inspection of machines, equipment and materials.

Article 3. Definitions

1.Occupational safetymeans the solutions to the prevention and control of the effects of dangerous and harmful factors in order to ensure that they do not impair the health, cause injuries or deaths of people in order to prevent occupational accidents in the execution of construction works.

2.Occupational safety managementis the management of the entities involved in the construction investment as prescribed herein and other relevant regulations of law to meet the requirements for occupational safety in the execution of the construction works.

3.Inspectoris the person in charge of inspecting occupational safety and directly carrying out or directing and supervising occupational safety inspection of machines, equipment and materials.

Chapter II

OCCUPATIONAL SAFETY MANAGEMENT

Article 4. Responsibilities of the construction contractor

1. Before the commencement of the construction work, the contractor shall prepare an overall plan for occupational safety (hereinafter referred to as "safety plan") and submit it to the investor for approval. Such plan shall be reviewed periodically or on an ad hoc basis. The basic contents of the safety plan are specified in the Appendix I herein.

2. The contractor shall set up an occupational safety division as specified in Clause 1 Article 36 of the Decree No. 39/2016/ND-CP and organize implementation of the safety plan regarding the contractor’s work.

3. The general contractor (main contractor) shall inspect occupational safety management of the part of the work carried out by the subcontractor(s). The subcontractor(s) is/are responsible for implementing the provisions stated in this Article for the part of his/their work.

4. The contractor shall find a particular solution to specifically dangerous tasks defined in the national technical standards on safety during the construction.

5. The contractor shall cease the construction if there is risk of occupational accidents and eliminate it before continuing the construction.

6. The contractor shall respond to occupational accidents occurring during the construction.

7. The contractor shall submit periodic or ad hoc reports on occupational safety management to the investor as stated in the construction contract.

8. The contractor shall comply with other regulations of law on occupational safety and hygiene.

Article 5. Responsibilities of the investor

1. Approve the safety plan prepared by the contractor as well as inspect and supervise the performance of the contractor.

2. Assign and notify the duties and powers of the occupational safety officers to the construction contractors as stated in Clause 2 Article 115 of the Law on Construction.

3. Ensure cooperation among contractors inoccupational safety management and issues related to occupational safety in the course of construction.

4. Suspend the construction if it is discovered that the contractor commits a violation against occupational safety regulations that causes or threatens to cause an occupational accident. Request the contractor to take proper actions before continuing the construction.

5. Direct, cooperate with the construction contractor in responding to occupational accidents; report the occupational accidents; cooperate with the competent authority in investigating the accidents related to machines, equipment and materials as prescribed in Article 18 and Article 19 herein; make a dossier on response to accidents related to machines, equipment and materials as defined in Article 20 herein.

6. Request the project management consulting contractor and/or a supervision contractor (if any) to take a number of his/her responsibilities stated in this Article. Supervise the performance of the construction consulting contract and deal with relevant issues among the project management consulting contractor, the supervision contractor and other contractors and the local authority in the course of construction.

7. When entering into an engineering procurement and construction contract or a turnkey contract(hereinafter referred to as “EPC”):

a) The investor is entitled to request the general contractor to take a number of his/her responsibilities stated in this Article according to their construction contract. ; inspect and supervise the execution of the construction contract and the compliance with regulations on occupational safety management in the course of construction by the general contractor;

b) The general contractor shall fulfill the responsibilities as stipulated in Point a this Clause and Article 4 herein for the part of his/her work.

8. The provisions of this Article implemented by the investor shall not affect the construction responsibilities for occupational safety of construction contractors for the part of their work.

Article 6. Responsibilities of the occupational safety division of the construction contractor

1. Carry out the safety plan during the construction of works approved by the investor.

2. Raise awareness of the employees about the dangerous factors resulting in accidents and accident prevention on construction sites; request the employees to use the right and adequate personal protective equipment during their work; inspect and supervise the compliance with regulations on occupational safety of the employees; control the number of employees working on the construction sites.

3. Handle promptly any violations against occupational safety management or potential occupational accidents; decide whether to suspend the construction if the tasks is under threat of occupational accidents; suspend the employees from their work if they do not comply with the safety measures or they violate against the regulations on using personal protective equipment in the course of construction and report these cases to the site manager.

4. Participate in response to occupational accidents; participate in rescue when requested by the investor, the employer or a competent State authority.

Article 7. Responsibilities of employees

1. Conform to the regulations stated in Article 17 of the Law on occupational safety and hygiene.

2. Refuse to carry out any task that he/she considers risky but the risk is not dealt with after it is reported to the responsible person or without sufficient personal protective equipment.

3. Only carry out the tasks subject to strict occupational safety and hygiene requirements after being trained and given the occupational safety and hygiene card.

Article 8. Inspection of occupational safety management by specialized construction authorities

1. The inspection shall deal with: the compliance with regulations of law on occupational safety management by the investor and contractors; the preparation and execution of the safety plan by the investor and contractors.

2. The inspecting authorities are:

a) The authorities specified in Clause 2 Article 32 of the Decree No. 46/2015/ND-CP for the construction works prescribed in Clause 1 Article 32 of this Decree;

b) The People’s Committees of districts for other construction works.

3. The inspecting authorities stated in Clause 2 this Article shall:

a) Carry out periodic and surprise inspections or combine the inspection with the construction work commissioning as prescribed in Clause 8 Article 34 of the Decree No. 59/2015/ND-CP;

b) Carry out inspections under the schedule of the labor authority.

Article 9. Costs

1. The costs of occupational safety management include costs of:

a) Proposing and taking technical safety measures;

b) Provision of occupational safety training; dissemination of information about occupational safety;

c) Personal protective equipment for employees;

d) Fire safety work;

dd) Dangerous factor and harmful factor prevention and working environment improvement;

e) Response to occupational accidents and emergencies;

g) Inspection of occupational safety carried out by the specialized construction authorities.

2. The costs stated in Clause 1 this Article shall be calculated as follows:

a) The costs defined in Points a, b, c, d, dd and e Clause 1 this Article shall be included in general costs under other estimated costs of the construction work. Such costs shall be estimated and included in the contract value and not be cut down by the contractor during the bidding process;

b) The cost specified in Point g Clause 1 this Article shall be determined according to Article 14 of the Circular No. 26/2016/TT-BXD dated October 26, 2016 by the Minister of Construction detailing some information about the quality control and maintenance of construction works.

Chapter III

MANAGEMENT OF MACHINES, EQUIPMENT AND MATERIALS USED FOR CONSTRUCTION

Article 10. Management of machines, equipment and materials

1. Machines, equipment and materials specified in Section III Appendix Ib of the Decree No. 44/2016/ND-CP shall be inspected in accordance with Clause 1 Article 31 of the Law on occupational safety and hygiene.

2. If the operating range of construction machines and equipment exceeds the construction site or the construction equipment has to be placed outside the construction site in a manner that threatens safety of the community, the construction contractor shall prepare and submit the technical measures to the investor for approval to ensure safety for people, assets and neighboring works, and report them to the local authority and comply with other relevant provisions of law.

3. An organization that carries out inspection of occupational safety of machines, equipment and materials stated in Clause 1 this Article shall obtain the Certificate of eligibility for occupational safety inspection (hereinafter referred to as “Certificate of eligibility”) which is issued, extended or reissued by the Ministry of Construction.

4. The requirements, application, procedures for the issue, extension and reissue of the Certificate of eligibility are specified in Article 4 and Article 5 of the Decree No. 44/2016/ND-CP.

5. The specialized authority under the Ministry of Construction(hereinafter referred to as "specialized authority")is entitled to issue and reissue the Certificate of inspector to the inspectors of machines, equipment and materials as prescribed in Clause 1 this Article.

6. The application for the issue and reissue of the Certificate of inspector as defined in Article 11 and Article 12 of the Decree No. 44/2016/ND-CP.

Article 11. Types of training courses and refresher courses in occupational safety inspection techniques and examinations thereon

1. The occupational safety inspector (hereinafter referred to as “inspector”) shall be provided with training courses and refresher courses and take examination as defined in Clause 4 Article 9 of the Decree No. 44/2016/ND-CP and shall be divided into one of the following groups:

a) Group 1: Inspectors in charge of the scaffolding system; combined bars and poles; sliding formwork system; climbing formwork system; and gantry slip form;

b) Group 2: Inspectors in charge of the specialized drilling machine, pile driving machine and pile pressing machine with hoisting system; and concrete pump;

c) Group 3: Inspectors in charge of the crane tower; lift; and suspended platform in construction;

d) Group 4: Inspectors in charge of the tunnel and underground building machine including: machine and equipment in open and cover excavation technology; underground construction machine with shield and combined shield technology; and concrete making machine for underground works.

2. Each inspector shall participate in at least one refresher course during the effective period of the Certificate of inspector and the interval between two courses shall not exceed 30 months.

3. After finishing the training or refresher course, the inspector shall take a corresponding examination as defined in Clause 3 Article 13 herein.

Article 12. Contents of the training and refresher courses in occupational safety inspection

1. The content of the training and refresher courses in occupational safety inspection consists of the theory and the practice under the framework program for training courses and refresher courses in occupational safety inspection (hereinafter referred to as "framework program").

2. The content of the refresher courses in occupational safety inspection includes:

a) The updated legislative documents related to occupational safety inspection;

b) The national technical standards; the procedures for occupational safety inspection; and information about the State management of occupational safety inspection nationwide;

c) The general knowledge of machines and equipment serving the inspection; skills, experience and other relevant necessary contents.

3. The framework program for training courses and refresher courses in occupational safety inspection is promulgated by the Ministry of Construction.

Article 13. Provision of training, examination and issuance of the Certificate of training in occupational safety inspection

1. The specialized authorities shall:

a) Decide on an occupational safety training center which is granted the Certificate of eligibility for training in occupational safety and hygiene by the competent authority and have enough documents and textbooks in accordance with the framework program;

b) Inspect and approve the plan for opening training courses and refresher courses in occupational safety as prescribed in Clause 2 this Article;

c) Publish information about the above-mentioned organizations on the Ministry of Construction portal.

2. The plan for opening training courses and refresher courses in occupational safety includes the following details:

a) The expected time and place for running training courses and refresher courses in occupational safety inspection; the expected number of students;

b) The documents and textbooks of training courses and refresher courses in occupational safety inspection; the list of the trainers participating in the training courses and refresher courses in occupational safety inspection;

c) The plan for setting the examination on occupational safety inspection after finishing the training or refresher course.

3. The examination on occupational safety inspection:

a) The content of the examination on occupational safety inspection consists of the theory and the practice;

b) The student is eligible for taking the examination if he/she participating in at least 80% of the time defined in the framework program;

c) The results of the examination are evaluated on a scale of 100 with the maximum theory score is 50 points and the maximum practice score is 50 points. In order to pass the examination, the student shall reach at least 80 points in which the minimum theory score is 40 points and the minimum practice score is 40 points;

d) If the student does not attend the refresher course or does not pass the examination as prescribed in Point c this Clause, the issuing authority shall consider rejecting his/her application for issuance or extension of the Certificate of inspector.

4. The occupational safety training center shall issue the Certificate of training in occupational safety inspection defined in the specimen in Appendix II herein.

Article 14. Responsibilities of the occupational safety-training center

1. Prepare the documents and textbooks for training courses and refresher courses in occupational safety inspection in accordance with the framework program, characteristics of the inspected objects and actual requirements.

2. Develop and implement in accordance with the plan and regulations on training courses and refresher courses and examinations.

3. Ensure adequate facilities and human resources for the training courses and refresher courses and examinations in both the theory and the practice.

4. Collect the fees of the training courses and refresher courses and examinations as well as refund the costs of training courses and refresher courses if the organization does not provide training courses and refresher courses as prescribed herein.

5. Archive the applications and documents related to training courses and refresher courses and examinations related to occupational safety inspection as regulated by law.

Article 15. Forms, contents and identification numbers of the Certificate of eligibility and the Certificate of inspector

1. The specimen of the Certificate of eligibility is provided in the Appendix Ia of the Decree No. 44/2016/ND-CP; the specimen of the Certificate of inspector is provided in Appendix Ic of the Decree No. 44/2016/ND-CP.

2. The identification numbers of the Certificate of eligibility and the Certificate of inspector:

a) The identification number of a Certificate of eligibility contains two sign groups in capital letters and in figures with the hyphens (-) in between. The group in capital letters shall be “CNATXD” and the group in figures includes the first two figures representing the year of issue and the next four figures representing the order of such Certificate;

For example: CNATXD - 17.0028

b) The identification number of the Certificate of inspector contains two sign groups in capital letters and in figures with the hyphens (-) in between. The group in capital letters shall be “KDATXD” and the group in figures includes the first two figures representing the year of issue and the next four figures representing the order of such Certificate.

For example: KDATXD - 17.0026

Article 16. Information publication on the Ministry of Construction web portal

1. The published information about the organization issued the Certificate of eligibility contains:

a) The name, address and identification number of the inspecting organization;

b) The list of machines, equipment and materials that are granted the Certificate of eligibility;

c) The issuance date and the expiration date of the Certificate of eligibility;

d) The violations committed by the inspecting organization (if any).

2. The published information about the inspector contains:

a) The full name; the identification number of the inspector; and ID card number;

b) The list of machines, equipment and materials that are granted the Certificate of eligibility;

c) The issuance date and the expiration date of the Certificate of inspector;

d) The violations committed by the inspector (if any).

Chapter IV

REPORTING, INVESTIGATION AND RESPONSE TO OCCUPATIONAL ACCIDENTS IN THE EXECUTION OF CONSTRUCTION WORKS

Article 17. Occupational accidents in the execution of construction works

1. The occupational accidents in the execution of construction works shall be classified as follows:

a) The construction work accidents in the course of construction according to Clause 34 Article 3 of the Law on Construction;

b) Collapse of machines, equipment and materials in the course of construction(hereinafter referred to as "accidents related to machines, equipment and materials").

2. The reporting, investigation and response to occupational accidents in the execution of construction works shall be implemented:

a) Under the Decree No. 46/2015/ND-CP for the accidents stated in Point a Clause 1 this Article;

b) Under the provisions herein for the accidents specified in Point b Clause 1 this Article.

3. If the occupational accidents occurring in the course of construction not resulting from the accidents stated in Clause 1 this Article, the reporting and investigation shall be carried out in accordance with regulations of law on occupational safety and hygiene.

Article 18. Response to accidents related to machines, equipment and materials

1. Any accident related to machines, equipment or materials shall be promptly reported by the investor to the People’s Committee of the commune where such accident occurs under the specimen in Appendix III herein. After receiving the report, the People’s Committee of the commune shall promptly inform the People’s Committees of the district and the province, specialized construction authority and relevant organizations.

2. In addition to the report as prescribe in Clause 1 this Article, the construction contractor shall report the accidents related to machines, equipment and materials that result in the deaths or serious injuries of at least two people as defined in regulations of law on occupational safety and hygiene.

3. The investor and the construction contractor shall comply with the regulations of Article 19 of the Law on occupational safety and hygiene and take prompt measures to seek, rescue, ensure the safety for human and assets, limit and prevent the danger that may continue to happen; protect the scenes of the accidents and report the accidents as specified in Clause 1 and Clause 2 this Article.

4. The People’s Committees of all levels shall direct and assist relevant authorities to establish the rescue team to protect the scenes of the accidents and carrying out other necessary tasks during responding to the accidents.

5. The authority stated in Clause 1 Article 19 herein shall:

a) Inspect the scene, reporting and response to the accident of the investor and the construction contractors as prescribed in this Article;

b) Consider and decide to stop or suspend using machines, equipment and materials; stop and suspend the execution of the partial or entire construction works depending on the extent and range of the accident;

c) Examine and decide to demolish and clear the scene of the accident on the basis of safety reasons for human, assets, construction works and neighboring ones. The relevant parties shall photograph and film, gather the evidence, write down the necessary documentation on the scene of the accident to investigate the cause and prepare the dossier on accidents related to machines, equipment and materials before demolishing and clearing the scene;

d) Notify the investor and other relevant entities of the result of the investigation;

dd) Deal with the responsibilities of the relevant parties as regulated by law.

6. The investor, the construction contractor or the owner, the controller, the user shall deal with accidents related to machines, equipment and materials for safety reasons before continuing the construction.

7. The entities causing accidents related to machines, equipment and materials shall pay for the compensation and the cost of response to accidents. Depending on the nature, extent and range of the accidents, such entities shall also be judged in accordance with other regulations of law.

Article 19. Investigation into accidents related to machines, equipment and materials

1. Competence

a) The Ministry of Construction and the professional construction management ministries shall direct, investigate the serious accidents and the accidents at the request of the provincial People s Committees or the Prime Minister;

b) The provincial People s Committees shall investigate the accidents resulting in the deaths or serious injuries of at least two people occurring in their provinces;

c) The accidents in other cases shall be investigated by the People’s Committees of the districts.

2. The competent authorities stated in Clause 1 this Article shall establish an investigation team for discovering the cause of the accident. The investigation team includes a representative of the specialized construction authority, the relevant authorities and the experts in relevant technologies. The authority in charge of the investigation shall appoint a consulting organization for discovering the cause of the accident and offering remedies for it if necessary.

3. The content of the investigation into the cause of accidents related to machines, equipment and materials contains:

a) Gathering the relevant documentation and specifications and performing the professional tasks for identifying the cause;

b) Evaluating the safety levels of machines, equipment and materials, construction works and the neighboring ones (if any) after the accident occurrence;

c) Devolving the responsibilities of the relevant organizations and individuals;

d) Preparing the investigation dossier including: The investigation report and documents related to the cause of the accident.

4. The cost of organizing the investigation into the cause of the accident (hereinafter referred to as “cost”) shall be advanced by the investor. After the results of identifying the cause of the accident are available and the responsibilities are devolved, the organizations and individuals causing the accident shall cover the cost mentioned above. If the accident occurring due to a force majeure event, the cost shall be covered according to the relevant construction contract.

Article 20. Dossier on response to accidents related to machines, equipment and materials

The investor is responsible for compiling a dossier on response to accidents related to machines, equipment and materials including:

1. The scene inspection record containing: the name and the location of the work items and construction works affected by accidents related to machines, equipment and materials; the specifications, profiles of machines, equipment and materials; the actual state of the work items and the construction works, the initial description and development of the accidents; the initial damage to human and property; the causes of accidents.

2. The documents on the design and execution of the construction works relevant to accidents related to machines, equipment and materials.

3. The dossier on investigation into the causes of the accidents; remedy violations committed by relevant organizations and individuals; response to accidents.

4. The documents related to the course of responding to accidents.

Article 21. Actions against violations of regulations on occupational safety management

1. When there is any violation against occupational safety management of the organizations and individuals involved in the construction investment activities, the competent authorities stated in Clause 2 Article 8 herein shall:

a) Request the relevant organizations and individuals to remedy their violations;

b) Make a record and submit it to the competent authority for responding as specified in regulations of law on handling administrative violations against the construction activities and occupational safety and hygiene if necessary. The competent authority shall take actions against violations as prescribed by regulations of law and inform the specialized construction authority of the result of such actions;

c) Publish the names and violations of the organizations and individuals involved in the construction investment activities on the web portals of the competent authorities specified in Clause 1 this Article;

d) Suspend using the machines, equipment and materials if there is any threat of the occupational accidents and accidents related to machines, equipment and materials that may affect safety of the community, the construction works and the neighboring ones.

2. The authorities stated in Clause 1 this Article shall inspect the remedies of the investor and the contractors involved in the construction investment activities if necessary; grant the permit for using the machines, equipment and materials to the investor and the contractors after receiving their reports on remedies and assurance about occupational safety in the course of construction.

Chapter V

IMPLEMETATION ORGANIZATION

Article 22. Responsibilities of the Ministry of Construction

1. Process, promulgate, guild and monitor the implementation of regulations of law on ex officio occupational safety management.

2. Develop national standards, develop and promulgate national technical standards on occupational safety as defined in Clause 5 Article 39 of the Decree No. 39/2016/ND-CP.

3. Ex officio establish and promulgate procedures for inspection, instruct and examine occupational safety technical standards of machines, equipment and materials.

4. Ex officio provide training courses and refresher courses and set examinations on inspection of machines, equipment and materials.

5. Ex officio issue, extend, reissue, revoke the Certificate of eligibility as well as issue and reissue the Certificate of inspector and post them on the Ministry of Construction web portal.

6. Provide guidance and inspect the reporting, investigation and actions against accidents related to machines, equipment and materials; provide guidance, inspect and take actions against violations of regulations on occupational safety of the entities involved in construction investment activities; update information about such entities and report their violations to publish on the Ministry of Construction web portal.

7. Hand the State management of occupational safety over the State Authority for Construction Quality Inspection.

Article 23. Responsibilities of the People’s Committees of districts

1. Ex officio process, promulgate, guild and monitor the implementation of regulations of law on occupational safety management.

2. Provide guidelines, inspect and handle violations against occupational safety of the entities involved in construction investment activities in the province; update information about such entities and report their violations to the Ministry of Construction for publication on the Ministry of Construction web portal.

3. Investigate the cause of the accidents related to machines, equipment and materials as specified in Article 19 herein.

4. Gather and report the information about occupational safety management in the local area to the Ministry of Construction before December 15 every year and ad hoc report when requested as stated in specimen in Appendix IV of this Circular.

5. Ex officio assign, decentralize the State management of occupational safety in the province to the specialized construction authorities.

Article 24. Effect

1. This Circular takes effect on May 15, 2017 and replaces the Circular No. 22/2010/TT-BXD dated December 03, 2010 by the Minister of Construction on occupational safety.

2. Any problems arising in the course of implementation shall be reported by concerned organizations and individuals to the Ministry of Construction.

For the Minister

The Deputy Minister

Le Quang Hung