Chương 2 Thông tư 27/2013/TT-BLĐTBXH công tác huấn luyện an toàn lao động vệ sinh lao động: Công tác tổ chức huấn luyện an toàn lao động, vệ sinh lao động

Chapter 2.

ORGANIZATION OF OCCUPATIONAL SAFETY AND HYGIENE TRAINING

Article 4. Objects of occupational safety and hygiene training

Objects of occupational safety and hygiene training as prescribed at Article 139, Article 150 of the Labor Code are specified into the following groups:

1. Group 1: Managers (except for case of part-time working as prescribed at point b Clause 2 of this Article) including:

a) Directors, deputy directors of enterprises; heads and deputies of branches affiliated enterprises; persons in charge of the administrative and personnel work; directors of workshops or equivalent units;

b) Chairpersons, vice chairpersons of cooperatives, heads of personal business households; heads of households employing laborers under labor contracts;

c) Heads and deputies of: State non-business units, production, business and service units of non-business administrative agencies, political organizations, social-political organizations, professional-social organizations, units in People’s Army and People’s Public Security; foreign organizations, international organizations based on Vietnam’s territory and employing laborers under labor contracts.

2. Group 2:

a) Full-time or part-time Officials in charge of occupational safety and hygiene at establishments

b) Managers in part-time charge of occupational safety and hygiene.

3. Group 3:

Laborers doing jobs with strict requirements on occupational safety and hygiene under the list promulgated together with this Circular (Annex I).

4. Group 4:

Laborers excluded in 3 above groups (including laborers being Vietnamese, foreigners working in Vietnam and persons on vocational training or apprenticeship or probationary to work for the employers)

Article 5. Content of training

1. Training for group 1

Group 1 shall principally be provided training on general knowledge as follows:

a) Policies and law on occupational safety and hygiene;

b) Organization of management and implementation of regulations on occupational safety and hygiene at the establishments;

c) Dangerous and hazardous elements in production and remedial and preventive measures.

2. Training for group 2

Group 2 shall be provided training on general knowledge including:

a) General knowledge as Group 1;

b) Professional operations on organization of implementing the work of occupational safety and hygiene at the establishments;

c) Overview of machinery, equipment, substances generating dangerous and hazardous elements; process for safe working.

3. Training for group 3

Group 3 shall be provided training on general and specialized knowledge including:

a) Policies and law on occupational safety and hygiene;

b) Overview of the jobs and equipment with strict requirements on occupational safety and hygiene;

c) Dangerous and hazardous elements upon doing jobs or operating the equipment with strict requirements on occupational safety and hygiene;

d) Occupational safety and health techniques upon doing the jobs or operating the equipment with strict requirements on occupational safety and hygiene;

dd) Handling of various production incidents and first aid for victims in cases of labor accidents.

4. Training for group 4

Content of training for group 4 includes 2 parts as follows:

a) Part 1: Providing general knowledge on occupational safety and hygiene (concentrated training);

b) Part 2: Requirements on occupational safety and hygiene at the working place.

Article 6. The period and documents of training

1. The period of training

The minimum period of training for each group is specified as follows:

a) Group 1 and group 4: total time of training will be not less than 16 hours, including examination time;

b) Group 2: total time of training will be not less than 48 hours, including time of theory and practice training and examination time;

c) Group 3: total time of training will be not less than 30 hours, including examination time.

2. Documents of training

Documents of training will be prepared, based on each object of training, practical conditions and the training framework curriculum promulgated by the Ministry of Labor - Invalid and Social Affair.

Article 7. Standards of the training lecturers, archival of lecturer records

1. Standards of the training lecturers

a) Case of training general knowledge

Lecturers must be persons graduated university or higher and have one of the following conditions:

- Having worked on occupational safety and hygiene at state management agencies, associations, mass associations, or research agencies, for at least 5 years;

- Having worked on occupational safety and hygiene at non-business units, enterprises for at least 7 years and having certificate of the training lecturer granted at an eligible training service institution under decision on selection by the Department of Occupational safety, the Ministry of Labor - Invalid and Social Affair;

b) Case of specialized training

- The lecturers of theory training must be persons graduated university or higher in suitable branches and have one of the following conditions:

+ Having worked involving occupational safety and hygiene at research agencies, associations, mass associations or the work of state management on occupational safety and hygiene, for at least 5 years.

+ Having worked in fields with strict requirements on occupational safety and hygiene at non-business units, enterprises for at least 5 years and having certificate of the training lecturer granted at an eligible training service institution under decision on selection by the Department of Occupational safety, the Ministry of Labor - Invalid and Social Affair;

- Case of practical training:

+ Practical training for group 2: the practical lecturers must persons graduated college or higher, in a specialized branch suitable with content of training and must be fluent the work practicing with machinery, equipment, chemicals, jobs subject to practice according to the training framework curriculum for group 2 promulgated together with this Circular;

+ Practical training for group 3: Lecturers must be persons graduated intermediate-level schools or higher in a specialized branch suitable with training content; having worked in fields with strict requirements on occupational safety and hygiene or involving the work of occupational safety and hygiene at the establishments in line with content of training, for at least 5 years.

+ Practical training for group 4: Lecturers must be persons graduated technical-intermediate schools or higher or having worked practically for at least 5 years.

2. Archival of lecturer records of training

The training service institutions and the establishments organizing courses of training must archive copies of lecturer records including identity cards, specialized certificates, and confirmations for experiences of the training lecturers.

Article 8. The certified paper and certificate of training

1. Subjects who are granted the certified paper and certificate of training

a) Group 1: Persons who pass examination after participating in course of training will be granted the certified-training paper

b) Group 2, 3: Persons who pass examination after participating in course of training will be granted certificate of training.

c) Group 4: the training result will be recorded in monitoring book of training at the establishments.

2. Validity time of the certified paper and certificate of training; renew of the certified paper and certificate of training

a) Validity time of the certified paper and certificate of training

- The certified-training paper will be valid for 2 years;

- Certificate of training will be valid for 5 years;

b) Renew of the certified paper and certificate of training

- The establishments will prepare a list of persons possessing the certified-training paper before the expiry date for 60 days, enclosed with photocopies of the certified-training paper already been granted and send them to the training service institution granted the certified paper or certificate of training for being trained periodically. If the training result meet requirements, they will be renewed the certified-training paper;

- The establishments will prepare a list of persons possessing the certificate of training before the expiry date for 60 days, enclosed with photocopies of the certificate of training already been granted and send them to the training service institution granted the certificate for being renewed certificate of training;

- Do not renew for cases where the certified paper and certificate of training is expired as prescribed at Clause 5 of this Article;

c) The training service institutions shall print and grant the certified paper and certificate of training according to the form specified in this Circular (form 1, 2 Annex II).

3. If a certified paper or certificate of training is damaged or lost, holder of such certified paper or certificate of training shall prepare a written explanation with confirmation of the establishments and send it to the training service institution granted such certified paper or certificate of training for being renewed.

4. Management of the certified paper, certificate, monitoring book of training

a) The training service institutions shall open a monitoring book, grant number of the certified paper and certificate of training for the trained subjects (form No.3, at Annex II);

b) The establishments organizing course of training shall open a monitoring book of training at establishments (form No.4 at Annex II).

5. The certified paper, certificate of training will be expired in the following case:

a) The time stated in the certified paper, certificate of training is expired;

b) Persons granted the certified paper, certificate of training fail to participate in retraining, periodical training as prescribed at Article 9 of this Circular.

Article 9. Training in case of changing job, retraining and periodical training

1. Training in case of changing job

When the trained subjects change from this job to other job, equipment or technology changes, before receive job, these subjects must be trained content of occupational safety and hygiene in line with new job, and granted new certified paper or certificate of training; for the training subjects of group 4, result of training must be written in the monitoring book of training at establishments.

2. Retraining

If establishments stop operation or laborers leave job for 6 months or more, before turn back for working, laborers must be retrained contents as prescribed at Article 5 of this Circular as follows: Group 1 shall be trained content at point c Clause 1; group 2 shall be trained content at points b and c Clause 2; group 3 shall be trained content at points c, d, dd Clause 3; group 4 shall be trained content at point b Clause 4. The training period is equal to 50% of the initial training period.

3. Periodical training

a) Training for group 1:

Two year once since the effective date of the certified-training paper, the persons under group 1 must participate in periodical training to be renewed the certified-training paper at the training service institution.

b) Training for group 2, group 3

Two year once since the effective date of the certificate of training, the persons under groups 2, 3 must participate in periodical training at the training service institution granted certificate of training.

c) Training for group 4

It shall be organized at least once each year.

4. Program and period of periodic training

Program of periodic training apply as program of first-time training; period of periodic training is equal to 50% of the first-time training period.