Chương I Nghị định 140/2018/NĐ-CP sửa đổi, bổ sung các Nghị định liên quan đến điều kiện đầu tư kinh doanh và thủ tục hành chính thuộc phạm vi quản lý nhà nước của Bộ Lao động - Thương binh và Xã hội: Lĩnh vực an toàn, vệ sinh lao động

Chapter I

OCCUPATIONAL SAFETY AND HYGIENE

Article 1. Amendments to some Articles of the Government’s Decree No. 44/2016/ND-CP dated May 15, 2016 on guidelines for some Articles of the Law on Occupational Safety and Hygiene on occupational safety inspection, occupational safety and hygiene training and occupational environment monitoring

1. Article 4 is amended as follows:

“Article 4. Conditions for issuance of the certificate of eligibility for occupational safety inspection

1. An organization issued with the certificate of eligibility for occupational safety inspection must meet the following conditions:

a) Equipment for the inspection must comply with inspection procedures and national technical regulations on occupational safety and hygiene.

b) The organization must have at least 02 inspectors working under a contract with a term of at least 12 months to inspect each item that is covered by the certificate of eligibility for inspection applied for.

c) Technical staff of the organization must have at least 02 years’ experience of working as an inspector.

2. The conditions for equipment and personnel specified in Points a, b and c Clause 1 of this Article shall be only applied to an organization applying for issuance of the certificate of eligibility for occupational safety inspection.”

2. Clause 1 of Article 5 is amended as follows:

“1. An application for issuance of the certificate of eligibility for occupational safety inspection includes:

a) An application form;

b) A copy of the establishment decision if the applicant is a service provider;

c) A list of equipment and instruments serving the inspection;

d) A list of inspectors made using the form in the Appendix Ia hereof;

dd) One of the following documentary evidences for experience of the technical staff:

Copies of insurance book or documents

A copy of the employment contract;

A copy of the inspection record enclosed with the certificate of inspection result. ”

3. Point c Clause 2 of Article 5 is amended as follows:

“c) Documents mentioned in Points b, c, d and dd Clause 1 of this Article in the case of any change. ”

4. Article 8 is amended as follows:

“Article 8. Revocation of the certificate of eligibility for occupational safety inspection

1. A certificate of eligibility for occupational safety inspection shall be revoked in one of the following cases:

a) The organization fails to rectify the cause of the suspension of the certificate of eligibility for occupational safety inspection after the suspension period.

b) The organization carries out the inspection while the certificate of eligibility for occupational safety inspection is being suspended.

c) If the organization fails to satisfy the conditions specified in Article 4 of this Decree 6 months after the change to conditions for inspection as the basis for issuance of the certificate of eligibility for occupational safety inspection;

d) The organization carries out inspection during the period the conditions mentioned in Article 4 of this Decree fail to be satisfied;

dd) The documents included in the applications for issuance, extension and revocation of the certificate are forged;

e) The organization is dissolved or goes bankrupt.

2. 6 months after the effective date of the decision on revocation, the organization whose certificate is revoked as prescribed in Points a, b, c and dd Clause 1 of this Article shall apply for reissuance of the certificate of eligibility for occupational safety inspection.”

5. Article 17 is amended as follows:

“Article 17. Persons eligible to join the occupational safety and hygiene training course

1. Group 1: Heads of trading and production facilities and affiliated departments and branches; heads of production/trade/technical departments; managers of factories or equivalents; deputy heads trading and production facilities mentioned in this Clause responsible for occupational safety and hygiene.

2. Group 2: Persons responsible for occupational safety and hygiene, including full-time or part-time officials responsible for occupational safety and hygiene; supervisors directly overseeing occupational safety and hygiene in the workplace.

3. Group 3: Employees performing the tasks subject to strict requirements for occupational safety and hygiene, which are on the list of tasks subject to strict requirements for occupational safety and hygiene promulgated by the Ministry of Labor, War Invalids and Social Affairs.

4. Group 4: Employees other than those in Groups 1, 3, 5 and 6 mentioned in this Clause, including apprentices and interns working for employers.

5. Group 5: Persons providing healthcare services.

6. Group 6: Occupational safety and hygiene officers specified in Article 74 of the Law on Occupational Safety and Hygiene.”

6. Clause 4 of Article 19 is amended as follows:

“4. Group 5: The total training duration is at least 16 hours, including the examination duration.”

7. Article 22 is amended as follows:

“Article 22. Standards to be satisfied by occupational safety and hygiene trainers

1. A trainer providing training in polices and laws on occupational safety and hygiene must:

a) obtain at least a bachelor's degree and have at least 03 years' experience of developing policies and laws on and carrying out inspection and management of occupational safety and hygiene; or

b) obtain at least a  degree of associate and have at least 04 years' experience of developing policies and laws on and carrying out inspection and management of occupational safety and hygiene;

2. A trainer providing professional training in occupational safety and hygiene and basic knowledge of occupational safety and hygiene must:

a) obtain at least a bachelor's degree and have at least 03 years' experience of developing policies and laws on occupational safety and hygiene and organizing the implementation thereof; or

b) obtain at least a degree of associate and have at least 04 years' experience of developing policies and laws on occupational safety and hygiene and organizing the implementation thereof; or

c) be in charge of occupational safety and hygiene at enterprises not mentioned in Points and b of this Clause and have at least 05 years’ experience working in the field of occupational safety and hygiene.

3. A specialized theory trainer must:

a) obtain at least a relevant bachelor's degree and have at least 03 years' experience of developing policies and laws on occupational safety and hygiene and organizing the implementation thereof; or

b) obtain at least a relevant degree of associate and have at least 04 years' experience of developing policies and laws on occupational safety and hygiene and organizing the implementation thereof.

4. Regarding provision of practice training:

a) A trainer providing practice training for group 2 must obtain at least a relevant degree of associate and be proficient at machinery, equipment, chemicals and practice-based tasks according to the training program;

b) A trainer providing practice training for group 3 must obtain at least a relevant Level 4 of VQF Diploma, have at least 03 years' experience of performing the tasks subject to strict requirements for occupational safety and hygiene or the tasks related to occupational safety and hygiene at a facility relevant to the training contents;

c) A trainer providing practice training for group 4 must obtain at least a relevant Level 4 of VQF Diploma in engineering or have at least 03 years' experience of performing the tasks related to the training contents;

d) A trainer providing training in occupational first aid and emergency aid must obtain at least a degree of associate in medicine and have at least 03 years’ experience of directly engaging in first aid and emergency aid or must be a doctor of medicine;

dd) A person who is in charge of occupational safety and hygiene at enterprises not mentioned in Points a, b and c of this Clause but has at least 04 years’ experience working in the field of occupational safety and hygiene is entitled to provide practice training as prescribed in Points a, b and c of this Clause relevant to his/her experience.

5. The Ministry of Labor, War Invalids and Social Affairs shall elaborate the training program tailored for occupational safety and hygiene trainers, exemption from trained contents, organization of tests and issuance of certificate.

6. Every 5 years, every trainer must join a refresher course to update knowledge, information, policies, laws, science and technology in respect of occupational safety and hygiene, except the trainer mentioned in Clause 1 of this Article and first aid trainer.

7. The organization of refresher course offered to occupational safety and hygiene trainers must be recorded and the course result must be reported to Ministry of Labor, War Invalids and Social Affairs.”

8. Title of Section 3 is amended as follows: “Giấy chứng nhận huấn luyện, thẻ an toàn. ” (“Certificate of completion of training course and safety card.”)

9. Title of Article 24 is changed into “Quản lý việc cấp giấy chứng nhận huấn luyện, thẻ an toàn”  (“Management of issuance of certificate of completion of training course and safety card”) and regulations on occupational health certificate specified in Article 24 are repealed.

10. Title of Article 25 is changed into “Thời hạn cấp, cấp mới giấy chứng nhận huấn luyện, thẻ an toàn” (“Time limit for issuing Certificate of completion of training course and safety card”) and Clauses 1 and 2 are amended as follows:

“1. The Certificate of completion of training course and safety card shall remain valid for 02 years.

2. Within 30 days before the expiration date of the certificate of completion of training course or safety card, the employer shall make a list of certificate holders enclosed with the training result or documentary evidences for updating of knowledge and skills in occupational safety and hygiene as prescribed in Clause 1 Article 21 of this Decree and submit them to the training organization or enterprise providing training itself prescribed in Articles 26 and 29 of this Decree. If the training result is satisfactory, a new certificate of completion of training course or new safety card shall be issued as prescribed in this Decree.”

11. Article 26 is amended as follows:

“Article 26. Classification of training organizations, conditions for operation and issuance of certificate of eligibility for provision of training

1. Training organizations shall be classified according to the characteristics and complexity of the persons eligible to be provided with training. To be specific:

a) Grade A training organizations provide training for groups 4 and 6;

b) Grade B training organizations provide training for groups 1, 4, 5 and 6;

c) Grade C training organizations provide training for groups 1, 2, 3, 4, 5 and 6.

2. A Grade A training organization must:

a) have or sign a lease or cooperation contract to have at least 01 classroom with an area of at least 30 m²;

b) have at least 02 full-time trainers providing  training in laws and professional knowledge and 01 occupational first aid and emergency aid trainer;

c) have training documents that are suitable for the persons eligible to be provided with training and prepared according to the training program specified in this Decree;

d) have machinery, equipment, workshop and training area that ensure occupational safety and hygiene as prescribed in Clauses 1 and 2 Article 16 of the Law on Occupational Safety and Hygiene.

3. A Grade B training organization must:

a) have or sign a lease or cooperation contract to have at least 01 classroom with an area of at least 30 m²;

b) have or sign a lease or cooperation contract to have machinery, equipment, chemicals, workshop and practice area in accordance with occupational safety and hygiene requirements and training contents applied for.

c) have at least 04 full-time trainers providing training in laws and professional knowledge, two of whom are in charge of professional knowledge and practice training relevant to the training contents applied for and in charge of occupational first aid and emergency aid training;

d) have training documents that are suitable for the persons eligible to be provided with training and prepared according to the training program specified in this Decree.

4. A Grade C training organization must:

a) have or sign a lease or cooperation contract to have at least 01 classroom with an area of at least 30 m²;

b) have or sign a lease or cooperation contract to have machinery, equipment, chemicals, workshop and practice area in accordance with occupational safety and hygiene requirements and training contents applied for. Machinery, equipment, materials, chemicals and practice area must ensure occupational safety and hygiene requirements as prescribed by law. A practice area must have an area of at least 300 m²;

c) have at least 04 full-time trainers providing training in laws and professional knowledge, two of whom are in charge of professional knowledge and practice training relevant to the training contents applied for and in charge of occupational first aid and emergency aid training;

d) have training documents that are suitable for the persons eligible to be provided with training and prepared according to the training program specified in this Decree.”

12. Article 27 is amended as follows:

“Article 27. The power to receive application, and issue, reissue, extend and revoke the training organization’s certificate of eligibility for provision of training

1. The Ministry of Labor, War Invalids and Social Affairs has the power to receive applications, issue, reissue, extend and revoke the certificate of eligibility for provision of training of:

a) training organizations established by ministries, central government authorities, state groups and corporations affiliated to ministries and central government authorities;

b) Grade C training organizations.

2. The Departments of Labor, War Invalids and Social Affairs of provinces and central-affiliated cities (hereinafter referred to as “the province employment authority”) have the power to receive applications, issue, reissue, extend and revoke the certificate of eligibility for provision of training of Grade B training organizations, except for the training organizations specified in Point a Clause 1 of this Article.

3. The Grade A training organization shall send a declaration of eligibility for provision of training in occupational safety and hygiene according to the Form No. 03b in the Appendix II hereof to the receiving authority. To be specific:

a) The Ministry of Labor, War Invalids and Social Affairs shall receive the declaration sent by training organizations established by ministries, central government authorities, state groups and corporations affiliated to ministries and central government authorities;

b) Province employment authorities shall receive the declaration sent by Grade A training organizations other than those specified in Point a Clause 1 of this Article within the power of the Ministry of Labor, War Invalids and Social Affairs.”

13. Article 28 is amended as follows:

“Article 28. Application and procedures for issuance, extension, adjustment, reissuance and replacement of the occupational safety and hygiene training organization’s certificate of eligibility for provision of training

1. An application for issuance of the certificate of eligibility for provision of training includes:

a) An application form  (Form No. 01 in the Appendix II hereof);

b) An explanation for training scope, conditions and solutions (Form No. 02 in the Appendix II hereof);

c) Occupational safety and hygiene training documents (listed using the Form No. 02 in the Appendix II hereof; produced at the request of the competent authority).

2. An application for extension, reissuance, adjustment and replacement of the certificate of eligibility for provision of training includes:

a) If the certificate expires, the training organization shall submit an application form for extension of the certificate. In the case of any change to the application for which the certificate has been issued, update additional information according to the application for issuance of new certificate for provision of training as prescribed in Clause 1 of this Article;

b) In the case of adjustment to the scope of operation, the application includes: an application form (Form No. 01 in the Appendix II hereof); an explanation for adjustment to the scope of training (Form No. 02 in the Appendix II hereof);

c) In case the certificate is damaged or lost, an application form for reissuance shall be submitted;

d) In the case of change of the organization's name specified in the certificate, it is required to submit an application form for replacement of the certificate and return the original certificate of eligibility for provision of training.

3. Procedures for issuance, extension, adjustment, reissuance and replacement of the certificate of eligibility for provision of occupational safety and hygiene training and publishing of information about the training organization are as follows:

a) The organization that wishes to apply for issuance, extension or adjustment to the scope of the certificate for provision of training at Grade B or C shall submit an application as prescribed in this Article to a competent authority for appraisal and issuance, extension or reissuance of the certificate of provision of training or renaming of the organization, and pay appraisal fees specified by the Ministry of Finance.

The training organization shall submit the application for extension to a competent authority within 30 days before the expiration date of the certificate.

b) The training organization that has sent a declaration of eligibility for provision of training in occupational safety and hygiene at Grade A shall submit an application as prescribed in this Article to a competent authority.

c) Within 25 working days from the receipt of the satisfactory application, the competent authority shall carry out appraisal and issue the certificate of eligibility for provision of training and publish the organization that has been issued with the certificate of eligibility for provision of training or sent the declaration of eligibility for provision of training at grade A on its web portal. In the case of rejection of the application or the declaration, a response and explanation shall be provided in writing.

Within 10 working days from the receipt of the application form for reissuance of the certificate of provision of training in the case of damage or loss, and for replacement of the certificate of provision of training in the case of renaming of the training organization, the competent authority shall reissue the certificate to the applicant.

4. The application shall be submitted to the competent authority, whether directly or by post or through online public service web portal.”

14. Clause 2 of Article 29 is amended as follows:

“2. Procedures for considering and assessing conditions for provision of training to be satisfied by the enterprise that provides training in occupational safety and hygiene itself are as follows:

a) The enterprise that wishes to provide training in occupational safety and hygiene at Grade B or C itself shall send a declaration of eligibility for provision of training as if the training organization sends the declaration to the competent authority as prescribed in Article 27 of this Decree. The enterprise eligible to provide training in occupational safety and hygiene at Grade A itself shall publish the declaration of eligibility for self-training in occupational safety and hygiene on its website or send it to the employment authority of the province where the enterprise is located.

b) Within 25 working days from the receipt of the satisfactory application, the competent authority shall consider issuing the certificate of eligibility for self-training at Grade B and Grade C.

After the aforementioned time limit, if the competent authority does not give any response of enterprise’s ineligibility for provision of training, the enterprise is entitled to provide training itself within the registered scope.

c) The certificate of eligibility for self-training at Grade B and Grade C shall remain valid for 5 years. 30 days before the expiration date of the certificate, the enterprise that wishes to keep providing training itself shall send a declaration of eligibility for self-training to the competent authority for re-consideration.

15. Article 31 is amended as follows:

“Article 31. Revocation of the certificate of eligibility for provision of training and suspension of self-training

1. A certificate of eligibility for provision of training shall be revoked in one of the following cases:

a) The organization fails to take any remedial action after the period of time over which the certificate of eligibility for provision of training is suspended according to the competent authority’s decision to impose penalties.

b) The organization provides training while the certificate of eligibility for provision of training is being suspended.

2. Any organization or enterprise that sends the declaration of eligibility for self-training at Grade A shall have its self-training suspended if committing violations against regulation on provision of training.”

16. Point c Clause 2 of Article 32 is amended as follows:

“c) Provide assistance for employees through an occupational safety and hygiene training organization.”

17. The second sub-point Point a Clause 2 of Article 33 is amended as follows: “- have at least 02 years' experience of working in the field of occupational environment monitoring or 03 years' experience of working in the field of preventive medicine”

18. The first sub-point Point b Clause 2 of Article 33 is amended as follows: “- Obtain at least a Level 4 of VQF Diploma in medicine, environment or biochemistry;"

19. Points a, b and c Clause 3 of Article 33 are amended as follows:

“a) Monitor harmful elements of the occupational environment

70% of the following elements must be completed:

- Measurement, testing and analysis of microclimate elements, including temperature, humidity, wind speed and thermal radiation on the site and in the laboratory;

- Measurement, testing and analysis of physical elements, including light, noise, vibration frequency, radiation, electromagnetic field and ultraviolet radiation on the site and in the laboratory;

- Assessment of occupational exposure elements, including microorganisms, allergy, sensitivity and solvent;

- Assessment of occupational burden and some ergonomics indicators: physical occupational burden, neuropsychological burden and ergonomic occupational position.

- Collection of sample, storage, measurement and testing of dust on the site and analysis of dust in the laboratory, analysis of concentration of silica in dust, metal dust, coal dust, talc dust, cotton dust and asbestos dust;

- Collection of sample, storage, measurement and testing of chemical elements, including NOx, SOx, CO, CO2, organic solvents (benzene and homologues - toluene, xylene), mercury, arsenic, TNT, nicotine and pesticide on the site, and analysis thereof in the laboratory.”

b) Adopt a plan and procedure for storage, use, maintenance, inspection and calibration of equipment in accordance with regulations of the competent authority or the manufacturer if the competent authority does not lay down any regulations;

c) Adopt a procedure for use and operation of equipment for collecting and storing samples, measurement, testing and analysis of occupational environment.”20. Clauses 1 and 2 of Article 40 are amended as follows:

“1. Take charge of managing, providing guidelines and inspecting the issuance of certificates of occupational health, first aid and emergency aid training in the workplace. Receive information and publish information about healthcare facilities issuing the occupational health certificate and providing training in first aid and emergency aid in the workplace on the website of the Ministry of Health.

Direct Departments of Health to manage, inspect, receive information and publish information about healthcare facilities providing training in first aid and emergency aid in the workplace and issuing the occupational health certificate on their website.

Introduce regulations on the provision of first aid and emergency aid in the workplace for healthcare facilities of districts or higher level.

2. Introduce regulations on training documents and contents concerning occupational health, first aid and emergency aid in the workplace. Cooperate with the Ministry of Labor, War Invalids and Social Affairs in designing a detailed training program concerning occupational health, first aid and emergency aid in the workplace, occupational safety and hygiene and occupational diseases.”

21. Clause 2 of Article 44 is amended as follows:

“2. Before December 15, the occupational safety inspecting organization shall submit a report on the occupational safety inspection to the Ministry of Labor, War Invalids and Social Affairs, employment authority of the province where the organization’s headquarters is located and the organization operates and the authority that has the power to issue the certificate of eligibility for occupational safety inspection according to the Form in the Appendix Id hereof and send an email to antoanlaodong@molisa.gov.vn”

22. The Form “List of assigned inspectors” in the Appendix Ia of the Decree No. 44/2016/ND-CP is replaced with the Form No. 06 “List of inspectors” in the Appendix I of this Decree.

23. The Forms No. 01 and 02 in the Appendix II of the Decree No. 44/2016/ND-CP are replaced  with the Forms No. 01 and 02 in the Appendix I enclosed with this Decree. The Form No. 03 in the Appendix I of this Decree is added as the Form No. 3b in the Appendix II of the Decree No. 44/2016/ND-CP.

24. Section 5 of the training program designed for group 5 specified in the Appendix IV of the Decree No. 44/2016/ND-CP is replaced with Section IV of the training program designed for group 5 specified in the Appendix I of this Decree.

25. The Forms No. 05 and No. 09 in the Appendix II of the Decree No. 44/2016/ND-CP are replaced with the Forms No. 04 and No. 05 in the Appendix I of this Decree respectively.

26. The form of list of documents serving inspection in the Appendix Ia of the Decree No. 44/2016/ND-CP is repealed.

27. The Form No. 03 in the Appendix III of the Decree No. 44/2016/ND-CP is repealed.

Article 2. Repeal of Clause 2 Article 9; Clause 4 Article 11; Point d Clause 2 and Point b Clause 3 Article 12; Clauses 3 and 6 Article 15; Point c Clause 5 Article 18; Clause 3 Article 24 of the Government’s Decree No. 44/2016/ND-CP dated May 15, 2016 on guidelines for some Articles of the Law on Occupational Safety and Hygiene on occupational safety inspection, occupational safety and hygiene training and occupational environment monitoring

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