Thông tư 12/2020/TT-BCT sửa đổi Thông tư 09/2017/TT-BCT quy định về hoạt động kiểm định kỹ thuật an toàn lao động thuộc thẩm quyền quản lý của Bộ Công thương và quy trình kiểm định kèm theo Thông tư 10/2017/TT-BCT về quy trình kiểm định kỹ thuật an toàn lao động đối với máy móc, thiết bị, vật tư có yêu cầu nghiêm ngặt về an toàn lao động thuộc thẩm quyền quản lý của Bộ Công thương

CIRCULAR

AMENDMENTS TO THE CIRCULAR NO. 09/2017/TT-BCT DATED JULY 13, 2017 OF THE MINISTER OF INDUSTRY AND TRADE ON TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY UNDER THE MANAGEMENT OF MINISTRY OF INDUSTRY AND TRADE AND SOME INSPECTION PROCEDURES PROMULGATED TOGETHER WITH THE CIRCULAR NO. 10/2017/TT-BCT DATED JULY 26, 2017 OF THE MINISTER OF INDUSTRY AND TRADE PROMULGATING PROCEDURES FOR TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY OF MACHINERY, EQUIPMENT AND SUPPLIES SUBJECT TO STRICT OCCUPATIONAL SAFETY REQUIREMENTS UNDER THE MANAGEMENT OF MINISTRY OF INDUSTRY AND TRADE

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

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 44/2016/ND-CP dated May 15, 2016 on amendments to some Articles of the Law on Occupational Safety and Health regarding technical inspection of occupational safety, training in occupational safety and health and occupational environmental monitoring;

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

At the request of the Director of the Industrial Safety Techniques and Environment Agency;

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

Article 1. Amendments to and repeal of some Articles of the Circular No. 09/2017/TT-BCT dated July 13, 2017 of the Minister of Industry and Trade on technical inspection of occupational safety under the management of Ministry of Industry and Trade

1. Clause 5 and Clause 7 of Article 3 are amended as follows:

“5. Group E items (group E) include single hydraulic props, mobile frames and self-propelled standing frames (hydraulic props, single hydraulic supports, hydraulic support frames and hydraulic standing frames) used in pit mining”.

“7. Group H items (group H) include explosion-proof electrical equipment used in explosive atmospheres.”

2. Point c Clause 2 of Article 4 is amended as follows:

 “c) Regarding group E

- System for generating pressure to test valves, hydraulic props and pressure pipes;

- Equipment for maintaining pressure to test hydraulic props;

- Test apparatus for hydraulic support beams, hydraulic roof trusses or hydraulic support frames;

- Weld testing equipment;

- Different types of manometers;

Inspection organizations that only inspect hydraulic props are not required to have test apparatus for testing hydraulic support beams, hydraulic roof trusses or hydraulic support frames.”

3. Clause 4 of Article 9 is amended as follows:

“4. An inspection organization that has the inspection equipment and instruments and inspectors satisfying the requirements in Articles 4 and 7 hereof shall be issued with the certificate of eligibility.”

4. Clause 6 of Article 17 is amended as follows:

“6. Send a written notification to the Industrial Safety Techniques and Environment Agency at least 10 days after the inspection organization makes personnel changes.”

5. The following is repealed:

a) The following equipment is removed from Point d Clause 2 of Article 4:

“- Test apparatus for burst pressure and fire spread;

- Spark test apparatus for intrinsically safe circuits;

- Thermal shock testing equipment.”

b) Point b Clause 1 of Article 12 is repealed.

Article 2. Amendments to the Circular No. 10/2017/TT-BCT dated July 26, 2017 of the Minister of Industry and Trade promulgating procedures for technical inspection of occupational safety of machinery, equipment and supplies subject to strict occupational safety requirements under the management of Ministry of Industry and Trade

1. QTKĐ 09-2017/BCT - Procedures for technical inspection of occupational safety of single hydraulic props, mobile frames and self-propelled standing frames used in pit mining is amended and repealed as follows:

a) Section 3 is amended as follows:

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

b) Point a of Section 5.1 is amended as follows:

“a) First-time inspection prior to use”.

c) Point a of Section 5.3 is amended as follows:

“a) Hydraulic props, single hydraulic supports, hydraulic support frames and hydraulic standing frames that are being used in an underground mine shall be inspected once a year. If hydraulic props, single hydraulic supports, hydraulic support frames and hydraulic standing frames are still in use for support in the mine, thus failing to undergo an inspection, they must be removed for inspection purpose.”

d) Section 6 is amended as follows:

“6. Implementation

The inspection of hydraulic props, single hydraulic supports, hydraulic support frames and hydraulic standing frames shall be carried out by inspectors issued with an inspector’s certificate.

6.1. Regarding an equipment user

- Carry out inspection within the prescribed time limit.

- Provide documents and technical documentation related to the equipment to be inspected.

- Make necessary preparations for a safe technical inspection such as load capacity, attendants, operation staff, electricity, cleaning, equipment maintenance and repair and safety measures such as signs, signals and watchmen.

- Appoint representatives to witness or cooperate in an inspection.

6.2. Regarding an inspection organization

- Carry out inspection at the request of the user. In case of failure to do so, a written explanation shall be provided.

- Carry out inspection in compliance with relevant standards and technical regulations on occupational safety and health.

- Inspect equipment following the steps mentioned in this procedure to ensure that an accurate conclusion on the status of the equipment is given.

- If deemed necessary to employ other equipment in addition to normal inspection equipment, it is required to reach an agreement with the user on issues that may arise.

- During the inspection, if any possible sign of an incidents is found, request the user to take remedial actions before resuming the inspection.

Make an inspection record and issue a certificate of inspection as prescribed.

dd) The phrase “cột chống thủy lực đơn, giá khung di động và dàn chống tự hành” (“single hydraulic props, mobile frames and standing frames”) specified in Section 9 is replaced with “cột chống thủy lực, vì chống thủy lực đơn, giá chống thủy lực và giàn chống thủy lực” (“hydraulic props, single hydraulic supports, hydraulic support frames and hydraulic standing frames”).

e) In section 10, the phrase “10.2.1. Đối với thiết bị kiểm định lần đầu” (“10.2.1. Regarding equipment to be inspected for the first time”) is replaced with “10.2.1. Đối với thiết bị kiểm định lần đầu trước khi đưa vào sử dụng” (“10.2.1. Regarding equipment to be inspected for the first time prior to use”); the phrase “10.2.3. Chuẩn bị đầy đủ các phương tiện kiểm định phù hợp để phục vụ quá trình kiểm định” (“10.2.3. Prepare all appropriate inspection facilities for the inspection” is replaced with “10.2.5. Chuẩn bị đầy đủ các phương tiện kiểm định phù hợp để phục vụ quá trình kiểm định” (“10.2.5. Prepare all appropriate inspection facilities for the inspection”); the phrase “10.2.4. Quy định về an toàn khi tiến hành kiểm định cột chống thủy lực đơn, giá khung di động và dàn chống tự hành” (“10.2.4. Regulations on safety requirements for inspection of single hydraulic props, mobile frames and standing frames”) is replaced with “10.2.6. Quy định về an toàn khi tiến hành kiểm định” (“10.2.6. Regulations on safety requirements for inspection”).

g) Section 10.4.1 is amended as follows:

“10.4.1. Make a hydraulic prop inspection record using the form given in the Appendix 1 hereto and single hydraulic support, hydraulic support frame and hydraulic standing frame inspection record using the form given in the Appendix 2 hereto”.

h) The “quantity” column is removed from Table 1 in Section 7.

i) The phrase “cột chống thủy lực đơn” (“single hydraulic props”) in the Appendix 1 is replaced with “cột chống thủy lực” (“hydraulic props”).

k) The phrase “giá khung di động và dàn chống tự hành” (“mobile frames and standing frames”) in the Appendix 2 is replaced with “vì chống thủy lực đơn, giá chống thủy lực và giàn chống thủy lực” (“single hydraulic supports, hydraulic support frames and hydraulic standing frames”).

2. QTKĐ 10-2017/BCT - Procedures for technical inspection of occupational safety of winches and cableways with the nominal load capacity of 10,000N or more for use in mining is amended and repealed as follows:

a) The phrase “có đường kính tang tời < 0,6 m” (“having a drum diameter < 0,6 m”)  in Section 1 is replaced with “có đường kính tang tời ≤ 0,6 m” (“having a drum diameter ≤ 0,6 m”).

b) The phrase “≤ Vmax x 6 (mm)” No. 5 Section “C. Thử tải” (“C. Load testing”) in the Appendix 3 is replaced with “≤ Vmax x 6 (s)”.

c) The inspected item “Mômen hãm” (“Brake torque”) No. 11 is removed from Section “B. Kiểm tra bên ngoài, thử không tải” (“B. Physical inspection, no-load test” in the Appendix 3.

3. QTKĐ 11-2017/BCT - Procedure for technical inspection of occupational safety of explosion-proof transformers is amended as follows:

a) No. 15: “QCVN 03:2019/BCT, Quy chuẩn kỹ thuật quốc gia về an toàn đối với trạm biến áp phòng nổ sử dụng trong mỏ hầm lò” (“QCVN 03:2019/BCT, National technical regulation on safety for explosion-proof transformers sub-station used in underground mine”) is added to Section 3.

b) The phrase “Kiểm định trước khi đưa vào sử dụng” (“Inspection prior to use) in Sections 4.3 and 9.1 is replaced with “Kiểm định lần đầu trước khi đưa vào sử dụng” (“First-time inspection prior to use”).

c) Section 5.3 is amended as follows:

“5.3 Irregular inspection

An irregular inspection shall be conducted in the following cases:

- The repair, upgrading, modification or change of location of installation affects technical condition of the explosion-proof transformer.

- The explosion-proof transformer has not operated for at least 12 months.

- It is requested by a competent authority.”

d) The following is added to Step 3 in Section 9.1:

“- Check light elements (if available).

- Check torque of connectors.”

dd) The following is added to Step 3 in Section 9.2:

“- Check connection components and connections.”

e) Section 9.3 is amended as follows:

“9.3. Irregular inspection

- In the case of repair, modification or upgrading:

+ Check documents concerning repair, modification or upgrading.

+ Make a commissioning record after repair, modification or upgrading.

+ Follow the steps prescribed in Section 9.1.

If the repair affects the safety explosion-proof structure, it is required to follow checking and testing steps in accordance with technical requirements of applicable standards and regulations.

If the testing involves equipment other than that specified in Point dd Clause 2 Article 4 of the Circular No. 09/2017/TT-BCT and the inspection organization does not have testing equipment to perform the task, the testing shall be carried out by a testing organization designated by the Ministry of Industry and Trade.

- In the case of the location of installation:

+ Check installation documents and installation;

+ Follow the steps prescribed in Section 9.1.

- If the explosion-proof transformer has not operated for at least 12 months, consider documents in such a way that documents are considered upon technical inspection of safety and follow the inspection steps prescribed in Section 9.1.”

g) The attached Appendix QTKĐ 11-2017/BCT is replaced with the Appendix hereto.

4. QTKĐ 12-2017/BCT - Procedure for technical inspection of occupational safety of explosion-proof electric motor is amended as follows:

a) The phrase “Kiểm định trước khi đưa vào sử dụng” (“Inspection prior to use) in Sections 4.3 and 9.1 is replaced with “Kiểm định lần đầu trước khi đưa vào sử dụng” (“First-time inspection prior to use”).

b) Section 5.3 is amended as follows:

“5.3 Irregular inspection

An irregular inspection shall be conducted in the following cases:

- The repair, upgrading, modification or change of location of installation affects technical condition of the explosion-proof electric motor.

- The explosion-proof electric motor has not operated for at least 12 months.

- It is requested by a competent authority.”

dd) The following is added to Step 2 in Section 9.1:

“- Check light elements (if available).”

d) The following is added to Step 3 in Section 9.2:

“- Check connection components and connections.”

dd) Section 9.3 is amended as follows:

“9.3. Irregular inspection

- In the case of repair, modification or upgrading:

+ Check documents concerning repair, modification or upgrading.

+ Make a commissioning record after repair, modification or upgrading.

+ Follow the steps prescribed in Section 9.1.

If the repair affects the safety explosion-proof structure, it is required to follow checking and testing steps in accordance with technical requirements of applicable standards and regulations.

If the testing involves equipment other than that specified in Point dd Clause 2 Article 4 of the Circular No. 09/2017/TT-BCT and the inspection organization does not have testing equipment to perform the task, the testing shall be carried out by a testing organization designated by the Ministry of Industry and Trade.

- In the case of the location of installation:

+ Check installation documents and installation;

+ Follow the steps prescribed in Section 9.1.

- If the explosion-proof electric motor has not operated for at least 12 months, consider documents in such a way that documents are considered upon technical inspection of safety and follow the inspection steps prescribed in Section 9.1.”

e) The phrase “4. Kết luận chung và kiến nghị” (“4. General conclusions and suggestions”) in the Appendix is replaced with “IV. KẾT LUẬN CHUNG VÀ KIẾN NGHỊ” (“IV. GENERAL CONCLUSIONS AND SUGGESTIONS”).

5. QTKĐ 13-2017/BCT - Procedure for technical inspection of occupational safety of explosion-proof distributors and breakers is amended as follows:

a) The phrase “Kiểm định trước khi đưa vào sử dụng” (“Inspection prior to use) in Sections 4.3 and 9.1 is replaced with “Kiểm định lần đầu trước khi đưa vào sử dụng” (“First-time inspection prior to use”).

b) Section 5.3 is amended as follows:

“5.3 Irregular inspection

An irregular inspection shall be conducted in the following cases:

- The repair, upgrading, modification or change of location of installation affects technical condition of the explosion-proof distributor or breaker.

- The explosion-proof distributor or breaker has not operated for at least 12 months;

- It is requested by a competent authority.”

c) The following is added to Step 3 in Section 9.1:

“- Check light elements (if available).”

d) The following is added to Step 3 in Section 9.2:

“- Check connection components and connections.”

dd) Section 9.3 is amended as follows:

“9.3. Irregular inspection

- In the case of repair, modification or upgrading:

+ Check documents concerning repair, modification or upgrading.

+ Make a commissioning record after repair, modification or upgrading.

+ Follow the steps prescribed in Section 9.1.

If the repair affects the safety explosion-proof structure, it is required to follow checking and testing steps in accordance with technical requirements of applicable standards and regulations.

If the testing involves equipment other than that specified in Point dd Clause 2 Article 4 of the Circular No. 09/2017/TT-BCT and the inspection organization does not have testing equipment to perform the task, the testing shall be carried out by a testing organization designated by the Ministry of Industry and Trade.

- In the case of the location of installation:

+ Check installation documents and installation;

+ Follow the steps prescribed in Section 9.1.

- If the explosion-proof distributor or breaker has not operated for at least 12 months, consider documents in such a way that documents are considered upon technical inspection of safety and follow the inspection steps prescribed in Section 9.1.”

e) The phrase “4. Kết luận chung và kiến nghị” (“4. General conclusions and suggestions”) in the Appendix is replaced with “IV. KẾT LUẬN CHUNG VÀ KIẾN NGHỊ” (“IV. GENERAL CONCLUSIONS AND SUGGESTIONS”).

6. QTKĐ 14-2017/BCT - Procedure for technical inspection of occupational safety of explosion-proof remote control is amended as follows:

a) The phrase “Kiểm định trước khi đưa vào sử dụng” (“Inspection prior to use) in Sections 4.3 and 9.1 is replaced with “Kiểm định lần đầu trước khi đưa vào sử dụng” (“First-time inspection prior to use”).

b) Section 5.3 is amended as follows:

“5.3 Irregular inspection

An irregular inspection shall be conducted in the following cases:

- The repair, upgrading, modification or change of location of installation affects technical condition of the explosion-proof remote control.

- The explosion-proof remote control has not operated for at least 12 months.

- It is requested by a competent authority.”

c) The following is added to Step 3 in Section 9.2:

“- Check connection components and connections.”

b) Section 9.3 is amended as follows:

“9.3. Irregular inspection

- In the case of repair, modification or upgrading:

+ Check documents concerning repair, modification or upgrading.

+ Make a commissioning record after repair, modification or upgrading.

+ Follow the steps prescribed in Section 9.1.

If the repair affects the safety explosion-proof structure, it is required to follow checking and testing steps in accordance with technical requirements of applicable standards and regulations.

If the testing involves equipment other than that specified in Point dd Clause 2 Article 4 of the Circular No. 09/2017/TT-BCT and the inspection organization does not have testing equipment to perform the task, the testing shall be carried out by a testing organization designated by the Ministry of Industry and Trade.

- In the case of the location of installation:

+ Check installation documents and installation;

+ Follow the steps prescribed in Section 9.1.

- If the explosion-proof remote control has not operated for at least 12 months, consider documents in such a way that documents are considered upon technical inspection of safety and follow the inspection steps prescribed in Section 9.1.”

dd) The phrase “4. Kết luận chung và kiến nghị” (“4. General conclusions and suggestions”) in the Appendix is replaced with “IV. KẾT LUẬN CHUNG VÀ KIẾN NGHỊ” (“IV. GENERAL CONCLUSIONS AND SUGGESTIONS”).

7. QTKĐ 15-2017/BCT - Procedure for technical inspection of occupational safety of explosion-proof generators is amended as follows:

a) The phrase “Kiểm định trước khi đưa vào sử dụng” (“Inspection prior to use) in Sections 4.3 and 9.1 is replaced with “Kiểm định lần đầu trước khi đưa vào sử dụng” (“First-time inspection prior to use”).

b) Section 5.3 is amended as follows:

“5.3 Irregular inspection

An irregular inspection shall be conducted in the following cases:

- The repair, upgrading, modification or change of location of installation affects technical condition of the explosion-proof generator.

- The explosion-proof generator has not operated for at least 12 months.

- It is requested by a competent authority.”

c) The following is added to Step 3 in Section 9.2:

“- Check connection components and connections.”

b) Section 9.3 is amended as follows:

“9.3. Irregular inspection

- In the case of repair, modification or upgrading:

+ Check documents concerning repair, modification or upgrading.

+ Make a commissioning record after repair, modification or upgrading.

+ Follow the steps prescribed in Section 9.1.

If the repair affects the safety explosion-proof structure, it is required to follow checking and testing steps in accordance with technical requirements of applicable standards and regulations.

If the testing involves equipment other than that specified in Point dd Clause 2 Article 4 of the Circular No. 09/2017/TT-BCT and the inspection organization does not have testing equipment to perform the task, the testing shall be carried out by a testing organization designated by the Ministry of Industry and Trade.

- In the case of the location of installation:

+ Check installation documents and installation;

+ Follow the steps prescribed in Section 9.1.

- If the explosion-proof generator has not operated for at least 12 months, consider documents in such a way that documents are considered upon technical inspection of safety and follow the inspection steps prescribed in Section 9.1.”

dd) The phrase “4. Kết luận chung và kiến nghị” (“4. General conclusions and suggestions”) in the Appendix is replaced with “IV. KẾT LUẬN CHUNG VÀ KIẾN NGHỊ” (“IV. GENERAL CONCLUSIONS AND SUGGESTIONS”).

8. QTKĐ 16-2017/BCT - Procedure for technical inspection of occupational safety of cables used in atmospheres with flammable gases and combustible dusts (explosion-proof cables) is amended as follows:

a) The phrase “Kiểm định trước khi đưa vào sử dụng” (“Inspection prior to use) in Sections 4.3 and 9.1 is replaced with “Kiểm định lần đầu trước khi đưa vào sử dụng” (“First-time inspection prior to use”).

b) The phrase “4. Kết luận chung và kiến nghị” (“4. General conclusions and suggestions”) in the Appendix is replaced with “IV. KẾT LUẬN CHUNG VÀ KIẾN NGHỊ” (“IV. GENERAL CONCLUSIONS AND SUGGESTIONS”).

9. QTKĐ 17-2017/BCT - Procedure for technical inspection of occupational safety of explosion-proof light fixtures is amended as follows:

a) The phrase “Kiểm định trước khi đưa vào sử dụng” (“Inspection prior to use) in Sections 4.3 and 9.1 is replaced with “Kiểm định lần đầu trước khi đưa vào sử dụng” (“First-time inspection prior to use”).

b) Section 5.3 is amended as follows:

“5.3 Irregular inspection

An irregular inspection shall be conducted in the following cases:

- The repair, upgrading, modification or change of location of installation affects technical condition of the explosion-proof light fixture.

- The explosion-proof light fixture has not operated for at least 12 months.

- It is requested by a competent authority.”

c) The following is added to Step 3 in Section 9.2:

“- Check connection components and connections.”

b) Section 9.3 is amended as follows:

“9.3. Irregular inspection

- In the case of repair, modification or upgrading:

+ Check documents concerning repair, modification or upgrading.

+ Make a commissioning record after repair, modification or upgrading.

+ Follow the steps prescribed in Section 9.1.

If the repair affects the safety explosion-proof structure, it is required to follow checking and testing steps in accordance with technical requirements of applicable standards and regulations.

If the testing involves equipment other than that specified in Point dd Clause 2 Article 4 of the Circular No. 09/2017/TT-BCT and the inspection organization does not have testing equipment to perform the task, the testing shall be carried out by a testing organization designated by the Ministry of Industry and Trade.

- In the case of the location of installation:

+ Check installation documents and installation;

+ Follow the steps prescribed in Section 9.1.

- If the explosion-proof light fixture has not operated for at least 12 months, consider documents in such a way that documents are considered upon technical inspection of safety and follow the inspection steps prescribed in Section 9.1.”

dd) The phrase “4. Kết luận chung và kiến nghị” (“4. General conclusions and suggestions”) in the Appendix is replaced with “IV. KẾT LUẬN CHUNG VÀ KIẾN NGHỊ” (“IV. GENERAL CONCLUSIONS AND SUGGESTIONS”).

10. QTKĐ 18-2017/BCT - Procedure for technical inspection of occupational safety of electrical blasting machines is amended as follows:

a) The phrase “Kiểm định trước khi đưa vào sử dụng” (“Inspection prior to use) in Sections 4.3 and 9.1 is replaced with “Kiểm định lần đầu trước khi đưa vào sử dụng” (“First-time inspection prior to use”).

b) Section 5.3 is amended as follows:

“5.3 Irregular inspection

An irregular inspection shall be conducted in the following cases:

- The repair, upgrading or modification affects technical condition of the electrical blasting machine.

- It is requested by a competent authority.”

c) Section 9.3 is amended as follows:

“9.3. Irregular inspection

In the case of repair, modification or upgrading:

+ Check documents concerning repair, modification or upgrading.

+ Make a commissioning record after repair, modification or upgrading.

+ Follow the steps prescribed in Section 9.1.

If the repair affects the safety explosion-proof structure, it is required to follow checking and testing steps in accordance with technical requirements of applicable standards and regulations.

If the testing involves equipment other than that specified in Point dd Clause 2 Article 4 of the Circular No. 09/2017/TT-BCT and the inspection organization does not have testing equipment to perform the task, the testing shall be carried out by a testing organization designated by the Ministry of Industry and Trade.”

d) The phrase “4. Kết luận chung và kiến nghị” (“4. General conclusions and suggestions”) in the Appendix is replaced with “IV. KẾT LUẬN CHUNG VÀ KIẾN NGHỊ” (“IV. GENERAL CONCLUSIONS AND SUGGESTIONS”).

Article 3. Effect

1. This Circular comes into force from August 02, 2020.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration and resolution./.