Chươgn V Nghị định 44/2016/NĐ-CP: Tổ chức thực hiện

Chapter V

IMPLEMENTATION ORGANIZATION

Article 39. Responsibility of the Ministry of Labour - Invalids and Social Affairs

1. Provides information, propagates and guides the implementation of this Decree on mass media in the central; organizes training and guides the relevant ministries, sectors, localities, organizations in implementation and inspection of implementation of this Decree.

2. Specifies the form, content, program and organizes training, retraining and testing of professional skills of training of the trainer on occupational safety and sanitation; the training, updating of information, policies, law, science and techniques on occupational safety and sanitation for the trainer and the head of training organization; measures to manage and implement the training of occupational safety and sanitation.

3. Develops the database of technical inspection of occupational safety and training of occupational safety and sanitation.

4. Performs the state management over the machine, equipment, materials and substances with strict requirements on occupational safety and sanitation under its authority specified in Appendix Ib issued with this Decree.

5. Specifies the form, content, program and organizes training, retraining and testing of professional skills of inspection over machine, equipment, materials and substances with strict requirements on occupational safety and sanitation for the subjects under its management authority; measures to manage and implement the technical inspection of occupational safety and sanitation.

6. Issues, renews and re-issues the Certificate of eligibility for technical inspection of occupational safety and the Certificate of eligibility for training of occupational safety and sanitation and issues and re-issues the certificate of inspector under its management authority.

Announces the Organizations eligible for performing the inspection of occupational safety and sanitation and the Organizations eligible for training of occupational safety and sanitation; the Organizations performing the inspection of occupational safety and sanitation and the Organizations performing the training of occupational safety and sanitation whose activities are suspended or whose Certificate of eligibility for operation is revoked.

7. Guides and implements the training support policies for the employees in the areas without labor contract when they perform work with strict requirements on occupational safety and sanitation.

8. Coordinate to organize the annual and irregular inspection over the organizations performing the technical inspection of occupational safety and sanitation, training of occupational safety and sanitation and technical inspection of occupational safety, training of occupational safety and sanitation and working environment observation at the business and production establishments.

9. Coordinates with the competent authorities to settle complaints and denunciation related to the technical inspection of occupational safety and sanitation, training of occupational safety and sanitation and working environment observation according to regulations of law.

10. On the annual basis, guides the localities to make plan and estimate of support funding for training the employees as stipulated in Article 32 of this Decree and summarize the need of funding and send it to the Ministry of Finance for submission to the competent authorities for decision as stipulated by law on state budget; makes estimated allocation of support funding for training and sends it to the competent authorities for decision and instructions on implementation.

Article 40. Responsibility of Ministry of Health

1. Is in charge of management and inspection of issue of Certificate of specialized occupational health, training of first aid and emergency at workplace; announces the healthcare units eligible for being issued with certificate of occupational health, the healthcare units performing the training of first aid and emergency at workplace under the management authority.

Directs the Department of Health to carry out the management, inspection and announce the healthcare units eligible for being issued with certificate of occupational health, the healthcare units performing the training of first aid and emergency at workplace in the management areas.

2. Coordinates with the Ministry of Labour - Invalids and Social Affairs to develop the detailed frame program of training of occupational health, first aid and emergency at workplace, occupational sanitation and occupational diseases.

3. Stipulates, implements and manages the working environment observation at the labor establishments.

4. Develops the database on working environment observation; announces the working environment observation Organizations eligible for operation, the working environment observation Organizations whose operation is suspended or handled for administrative violation on the website of the Ministry of Health.

5. Directs the working environment observation in industrial parks and industrial clusters with high risk of occupational diseases.

6. Coordinates with the Ministry of Labour - Invalids and Social Affairs and localities to carry out the inspection of working environment observation, training of occupational sanitation, first aid and emergency at workplace, inspection of machine, equipment and materials with strict requirements on occupational safety under its assigned authority.

7. Coordinates with the Ministry of Labour - Invalids and Social Affairs and localities to provide information, propagate and stipulate in detail this Decree.

8. On the annual basis, summarizes the result of working environment observation and sends it to the Ministry of Labour - Invalids and Social Affairs for summary and report to the Government.

Article 41. Responsibility of the Ministry of Finance

1. Coordinates with the Ministry of Labour - Invalids and Social Affairs to summarize the need of support funding for training from the central budget based on the budget balancing capacity and submit it to the competent authorities to decide on the support finding in accordance with regulations of law on state budget.

2. Coordinates with the Ministry of Labour - Invalids and Social Affairs and the line ministries to provide for the rate and regulation on collection, transfer, management and use of fees for inspection of conditions for business of technical inspection services of occupational safety and the fees for inspection of conditions for training services of occupational safety and sanitation.

Article 42. Responsibility of the line ministries

1. Specify the form, content, program and organization of training, retraining and testing of inspection skills of machine, equipment, materials and substances with strict requirements on occupational safety and sanitation for the subjects under their management; measures to manage and carry out the technical inspection occupational safety and sanitation occupational safety and sanitation under their authority.

2. Coordinate with the Ministry of Labour - Invalids and Social Affairs to develop the detailed frame program of specialized training.

3. Coordinate with the Ministry of Labour - Invalids and Social Affairs and the Ministry of Health to carry out the inspection of technical inspection of occupational safety, training of occupational safety and sanitation, first aid and emergency at workplace and working environment observation.

4. Issue, renew, re-issue and revoke the Certificate of eligibility for technical inspection of occupational safety and issue and re-issue the certificate of inspector under their management authority.

5. Within 15 days after the issue, renewal, re-issue and revocation of Certificate of eligibility for technical inspection of occupational safety, the Ministries should inform in writing the Ministry of Labour - Invalids and Social Affairs of the organizations subject to issue, re-issue, renewal or revocation.

6. Perform the state management over the machine, equipment, materials and substances with strict requirements on occupational safety and sanitation under their authority specified in Appendix Ib issued with this Decree.

7. Before 25/12 of each year or on the irregular basis, send report to the Ministry of Labour - Invalids and Social Affairs on the reality of inspection of machine, equipment, materials and substances with strict requirements on occupational safety under their management authority.

Article 43. Responsibility of People’s Committee of provinces and centrally-run cities

1. Perform the management and organize the technical inspection of occupational safety, training of occupational safety and sanitation and working environment observation in the management areas.

2. Direct the Departments of Labour - Invalids and Social Affairs and the Departments of Health and the relevant sectors to coordinate with the social-political in localities to carry out the inspection and provide instructions on implementation of technical inspection of occupational safety, training of occupational safety and sanitation and working environment observation.

3. Summarize the need of training support for the employees who are not working under labor contract when they perform the work with strict requirements on occupational safety and sanitation at localities and submit it to the People’s Council for decision.

Article 44. Responsibility of the technical inspecting organization of occupational safety, training Organization of occupational safety and sanitation and the working environment observation Organization

1. Ensure the conditions during their operation as stipulated in this Decree.

2. Before 15/12 of each year, the technical inspecting organization of occupational safety shall report in writing the operational result to the Ministry of Labour - Invalids and Social Affairs and the Department of Labour - Invalids and Social Affairs where its head office is located and its main operation and the bodies with authority to issue the Certificate of eligibility for inspection under the form specified in the Appendix Ic issued with this Decree while sending email to the Ministry of Labour - Invalids and Social Affairs to the address: [email protected].

3. Before 15/12 of each year, the training Organization of occupational safety and sanitation and the enterprise performing the self-training of occupational safety and sanitation shall report in writing the result of operation to the Ministry of Labour - Invalids and Social Affairs and the Department of Labour - Invalids and Social Affairs where its head office is located under the Form 05 of the Appendix II issued with this Decree while sending email to the Ministry of Labour - Invalids and Social Affairs to the address: [email protected].

4. Before 15/12 of each year, the working environment observation Organization shall report in writing the result of operation to the Ministry of Labour - Invalids and Social Affairs or the Department of Labour - Invalids and Social Affairs where the eligibility for working environment observation is announced while sending email to the Ministry of Labour - Invalids and Social Affairs to the address: [email protected].

Report to the Ministry of Health or the Department of Heath on the harmful factors newly detected or generated at the labor establishment upon carrying out the working environment observation while requesting the addition of occupational sanitation dossier of the labor establishment.

5. When changing the address of the head office, the technical inspecting organization of occupational safety, training Organization of occupational safety and sanitation and the working environment observation Organization shall inform in writing the body with authority to issue the Certificate of eligibility for operation at least 07 days in advance before change of address of head office or branch.

6. When wishing to change the subject of technical inspection of occupational safety, training of occupational safety and sanitation or working environment observation, such Organizations must request the modification or addition. When terminating operation, such Organizations must send notice to the bodies with authority to issue the Certificate or announcement of eligibility for operation for information.

7. Keep all legal dossier and documents related to the technical inspection of occupational safety, training of occupational safety and sanitation or working environment observation.

8. On the basis of 02 years, the head of training Organization of occupational safety and sanitation must attend the training course to update knowledge about the policies, laws, science and technologies organized by the Ministry of Labour - Invalids and Social Affairs.

9. On the basis of 02 years, the head of working environment observation Organization must attend the training course to update the knowledge about the relevant policies, laws, science and technologies organized by the Ministry of Health.

Article 45. Responsibility of the business and production establishments

1. Review and group the subjects in need of training, list of machine, equipment and materials with strict requirements on occupational safety and sanitation and the list of workplace with risks of loss of occupational safety and sanitation; make plan and carry out the technical inspection of occupational safety, training of occupational safety and sanitation and working environment observation according to regulations of law; update the occupational sanitation dossier on the contents related to harmful factors in need of working environment observation upon change of technological procedures, production procedures upon renovation or upgrading of labor establishment with risk of generating new harmful factors for the employees’ health.

2. Develop the detailed training programs and materials based on the training frame program of group 4 and carry out the training for the employees. If the establishment does not organize the training by itself but hires a training organization, such training organization shall develop the training programs and materials and there must be the training contents in line with the specific requirements of the business and production establishment.

3. Before 31/12 of each year, send report on technical inspection of occupational safety, training of occupational safety and sanitation and working environment observation to the local state management bodies where the head office of the business and production is located and where the employees are working as follows:

a) Report to the Department of Labour - Invalids and Social Affairs on technical inspection of occupational safety, training of occupational safety and sanitation in the report on the reality of implementation of occupational safety and sanitation at the establishment.

b) Report to the Department of Health on working environment observation at the establishment.

4. Pay all salary and ensure other benefits for the subjects under their management during the time they participate in the training as stipulated by law.

5. Pay all fees of technical inspection of occupational safety, training of occupational safety and sanitation and working environment observation; assess the conditions for self-training of occupational safety and sanitation and can record the payment in the costs of production and business.

6. Where the employees are employed in the form of work package, through contractor, labor outsourcing, the employer (in case of labor outsourcing, he is the employer of the labor outsourcing receiving party) must provide the training of occupational safety and sanitation to the employees as stipulated in this Decree.

7. Keep dossiers and materials, including: Dossier and result of inspection of machine, equipment with strict requirements on occupational safety and sanitation; the detailed training programs and training materials, list of trainees, result of inspection, testing, copy of papers evidencing the eligibility of the trainer; dossier and result of working environment observation.