Thông tư 31/2018/TT-BLĐTBXH hướng dẫn hoạt động huấn luyện an toàn, vệ sinh lao động do Bộ trưởng Bộ Lao động - Thương binh và Xã hội ban hành

CIRCULAR

ELABORATING TRAINING IN OCCUPATIONAL SAEFTY AND HEALTH

Pursuant to Decree No.14/2017/ND-CP dated February 17, 2017 of the Government on functions, duties, rights and organizational of the Ministry of Labor, War Invalids and Social Affairs; 

Pursuant to Decree No.44/2016/ND-CP dated May 15, 2016 of the Government providing for elaborations of a number articles of the Law on Occupational Safety and Health regarding occupational safety inspection, occupational safety and health training and occupational environment monitoring;

Pursuant to Decree No.14/2018/ND-CP dated October 08, 2018 of the Government on amendments to Decrees relating to conditions for business investment and administrative procedures under state management of the Ministry of Labor, War Invalids and Social Affairs.

At the request of the Director of Occupational Safety Department,

The Minister of Labor, War Invalids and Social Affairs promulgates a Circular elaborating training in occupational safety and health.

Article 1. Scope

This Circular elaborates measures to manage and organize training in occupational safety and health; responsibilities for managing and confirming the time performing work or providing training in occupational safety and health by employees; training frame program designed for occupational safety and health trainers, remission of training courses which are taken previously, organization of examination and grant of certificates; training in update on information, policies, laws, science and techniques about occupational safety and health offered to trainers and heads of training institutions.

Article 2. Regulated entities

1. Employers and employees as prescribed in Article 2 of the Law on Occupational Safety and Health.

2. Occupational safety and health trainers (hereinafter referred to as “trainers")

3. Enterprises providing training in occupational safety and health and institutions providing training in occupational safety and health specified in Clause 7 Article 14 of the Law on Occupational Safety and Health (hereinafter referred to as “training institutions”).

4. Organizations and individuals related to training in occupational safety and health.

Article 3. Management and examination for training in occupational safety and health

1. Persons enrolling on training courses in occupational safety and health conformable to the compulsory training frame program specified in Appendix IV issued together with Decree No.44/2016/ND-CP dated May 15, 2016 of the Government on elaboration of a number articles of the Law on Occupational Safety and Health regarding technical inspection of occupational safety, training in occupational safety and health and occupational environment monitoring (hereinafter referred to as “Decree No.44/2016/ND-CP”), Section IV of Appendix I issued together with Decree No.140/2018/ND-CP dated October 08, 2018 of the Government on amendments to Decrees relating to conditions for business investment and administrative procedures under state management of the  Ministry of Labor, War Invalids and Social Affairs (hereinafter referred to as “Decree No.140/2018/ND-CP”), Appendix I issued thereto shall attend the class for at least 80% of the course duration to be eligible to sit the exam.

Students may be exempt from compulsory subjects which are taken in other training programs.

2. Theory and practical examinations shall be marked on the scale of 100.  Students shall be considered to pass the exam if gaining a mark of 50 points and higher for the theory and practical exam each. In case the training program only requires theory examination, a mark of 50 points and higher is accepted.

3. The dossier of the training course in occupational safety and health, including the training program (training contents, duration and location) and the list of students shall be retained by the training institution.

Article 4. Management of trainers

1. The head of the training institution shall ensure that trainers of such training institution and trainers in courses offered by such training institution meet the standards applied to trainers specified in Clause 7 Article 1 of Decree No.140/2018/ND-CP.

2. The training institution shall present documents such as degrees, curriculum vitae, appointment decisions or recruitment decisions and other relevant papers to prove that its trainers satisfy standards (professional skills, experience or time working as a trainer) as prescribed in Clause 7 Article 1 of Decree No.140/2018/ND-CP if required by competent regulatory agencies. 

3. Enterprises, service providers and organizations using employees shall provide documents and confirmations proving the period of time using employees, performing occupational safety and health activities and providing training in occupational safety and health.

Article 5. Contents and duration of training courses offered to trainers

1. The training program firstly offered to trainers shall include:

a) Contents of training in occupational safety and health like those given to persons performing occupational safety and health (group 2) specified in Clause 2 Article 18 and group 2 training frame program provided in Appendix IV issued together with Decree No.44/2016/ND-CP;

b) Teaching skills such as skills in compiling lesson plans; teaching methods; skills in providing advice, guidance, information and disseminating occupational safety and health or using teaching instruments and skills in arranging the training course.

2. Training time: 48 hours in total for training content specified in this clause, excluding examination time.

3. The training program shall conform to the training frame program specified in Appendix I issued thereto.

4. Trainers who have taken other courses in occupational safety and health as regulated by laws may be exempt from the subjects taken.

5. Trainers meeting standards specified in Point a Clause 1, Point a Clause 2 and Point a Clause 3 Article 22 of Decree No.44/2016/ND-CP and Clause 7 Article 1 of Decree No.140/2018/ND-CP may not join the training course offered to trainers in occupational safety and health. 

6. The training course that provides knowledge, information, policies, science and techniques about occupational safety and health shall last for at least 8 hours.

Article 6. Examination in professional knowledge and skills and grant of certificates to trainers

1. The institution providing training for trainers shall organize examination and grant certificates of completion of training course provided for trainers in occupational safety and health and shall not organize examination for periodic courses for improvement of knowledge of trainers specified in Clause 7 Article 1 of Decree No.140/2018/ND-CP.

2. The training institution shall establish an examination council consisting of at least 3 members who guarantee standard conformity of the trainers and master laws, professional skills and knowledge as well as techniques of occupational safety and health, including at least one representative of the Occupational Safety Department.

3. The examination shall include the 2 following parts:

a) Theory examination: Students will be given 90 minutes to finish the exam.

b) Practical examination: Students may select 1 topic and prepare the lesson plan conformable to the frame program regulated then give presentation in the presence of the examination council within 20 minutes/student;

c) Trainers who have taken the training course offered to persons performing occupational safety and health and have passed the required examination may sit examination under regulations in Point b this Clause.

4. Assessment of examination results: The examination result is the total mark of the theory and practical examination.  The maximum mark given to each examination is 100 points.  The mark of the practical examination is the average mark given by members of the examination council if there is more than one marker.  Students shall be considered to pass the exam if gaining at least 50 points for each examination.  Students specified in Point c Clause 3 this Article shall be considered to meet the required standards if gaining at least 50 points for the practical examination.

5. Persons participating in the training course provided for trainers that meet the required standards specified in Clause 4 this Article shall be granted a certificate of completion of training course for trainers in occupational safety and health according to the specimen provided in Appendix II issued thereto. Trainers who join periodic courses for knowledge improvement may be granted a certificate according to the specimen provided in Appendix III issued thereto.

Article 7. Guidance on issuance of certificates of eligibility for training services and revocation of certificates of eligibility for training in occupational safety and health

1. Guidance on issuance of certificates of eligibility for training in case of changes or amendments to scope of training shall be provided as follows:

a) In case the training institution submits an application for changes or amendments to scope of training without change of its training level, the receiving agency shall issue a certificate of changes or amendments to training scope according to the training level of such institution; the effective period of such certificate shall be determined depending on the certificate of eligibility for training in occupational safety and health (or certificate of eligibility for providing training services which is entitled to grant the training certificate, certificate of eligibility for providing training services which is entitled to grant the training diploma that is granted previously) that remains unexpired.

Example 1: An institution granted a certificate of eligibility for level B training in occupational safety and health which expires after August 18, 2022 (excluding training program of group 5) applies for certificate of eligibility for training in occupational safety and health including training provided for group 5 on January 05, 2020. The competent authority receiving the application shall grant a certificate of eligibility for training in occupational safety and health, including training provided for group 5 to the aforesaid institution if it meets the required standards; And the new certificate will expire after August 18, 2022.

Example 2: An institution granted a certificate of eligibility for training service which is entitled to grant the training diploma that expires on May 05, 2020 by the Occupational Safety Department under regulations in Circular No.27/2013/TT-BLDTBXH dated October 18, 2013 of the Minister of Labor, War Invalids and Social Affairs on training in occupational safety and health (hereinafter referred to as “Circular No.27/2013/TT-BLDTBXH”) submits an application for certificate of eligibility for training in occupational safety and health, including training program of group 3 regarding production, use, maintenance and transport of dangerous and toxic chemicals conformable to Globally Harmonizied System of Classification and Labeling of Chemicals on May 05, 2019. The competent authority receiving such application shall grant the certificate requested that will expire on May 05, 2020 (the expiration date of the certificate granted by the Occupational Safety Department).

b) In case the training institution submits an application for changes or amendments to the training scope with change in training level of such institution, the competent authority shall grant a new certificate of eligibility for training which replaces the certificate of eligibility for training previously issued; the new certificate shall take effect from the day on which it is granted.

For example: If the training institution applies for a certificate of eligibility for level C training in occupational safety and health (including training program of group 2) after granted a certificate of eligibility for level B training service by the local Department of Labor-War Invalids and Social Affairs, the competent authority receiving the application shall, as authorized, grant the requested certificate in the same way of issuance of new certificate if such institution is eligible to receive such certificate; The certificate of eligibility for level C training service will replace the certificate of eligibility for level B training service issued previously.

c) In case the institution applies for renewal of the certificate of eligibility for training in occupational safety and health and makes changes or amendments to the training scope or changes its name or address, the competent authority receiving the application shall grant a new certificate of eligibility for training in occupational safety and health instead of renewing the granted certificate.

d) The certificate of eligibility for the training service which is entitled to grant the training diploma as prescribed in Circular No.27/2013/TT-BLDTBXH shall have validity equal to that of the certificate of eligibility for level C training service specified in Decree No.140/2018/ND-CP; the certificate of eligibility for the training service which is entitled to grant the training certificate specified in Circular No.27/2013/TT-BLDTBXH shall have the same quality as that of the certificate of eligibility for level B training service prescribed in Decree No.140/2018/ND-CP.

dd) In case the training institution applies for changes or amendments to the training scope without changes in conditions for training in occupational safety and health provided in the dossier on the granted certificate of eligibility for training in occupational safety and health, the competent authority shall grant the certificate of eligibility for training in occupational safety and health without inspection visit to the training institution.

2. The Ministry of Labor, War Invalids and Social Affairs shall receive applications and grant amended certificates of eligibility for level B training in occupational safety and health to training institutions founded under decisions by ministries, central government authorities, corporations and state-owned corporations affiliated to ministries and central government authorities; receive applications and grant certificates of eligibility for level C training in occupational safety and health to institutions applying for changes or amendments to the training level (from B to C); receive applications and grant certificates of eligibility for level C training in occupational safety and health.

3. The Department of Labor, War Invalids and Social Affairs shall grant amended certificates of eligibility for level B training in occupational safety and health to training institutions founded under decisions issued by competent authorities of provinces and centrally-affiliated cities of which headquarters is located in the area under its management. 

4. Authorities competent to grant the certificate of eligibility for training in occupational safety and health may hold the power to revoke such certificate as prescribed in Article 31 of Decree No.44/2016/ND-CP which is amended in Clause 15 Article 1 of Decree No.140/2018/ND-CP.

Article 8. Responsibilities of training institutions

1. Assign trainers meeting the required standards applied to trainers to participate in the training course in occupational safety and health. Offer training courses conformable to the training frame program specified in Appendix IV issued together with Decree No.44/2016/ND, section IV Appendix I issued together with Decree No.140/2018/ND-CP.  Provide training conformable to the training frame program provided for trainers in occupational safety and health specified in Appendix I issued thereto.

2. Notify in writing or via email the time and place of training courses in occupational safety and health to the persons performing occupational safety and health (group 2), employees performing work with strict requirements for occupational safety and health (group 3) and the Department of Labor-War Invalids and Social Affairs of the place in which the training course is provided 3 days before the day on which the training course is held.  Notify the Occupational Safety Department, in writing or via email, of the time and place of training courses in occupational safety and health 3 days before the day on which the training course is provided in conformity with the training frame program specified in Appendix I issued thereto.

3. Organize exams at the end of the training course and pay expenses incurred on such final exams.

4. Grant the certificate of completion of training course provided for trainers in occupational safety and health according to the specimen specified in Appendix II, certificate of participation in periodic courses for improvement of knowledge about occupational safety and health offered to trainers according to the specimen specified in Appendix III issued thereto.

5. Retain all documents and papers related to training in occupational safety and health as prescribed in Clause 3 Article 3 hereof for 10 years from the end of the training course and present such documents and papers to competent state management agencies if required.

6. Issue internal rules on management and examination for training courses in occupational safety and health that are not against law provisions.

Article 9. Responsibilities of Department of Labor – War Invalids and Social Affairs

1. Provide training, information, dissemination, guidelines and conduct inspection and supervision of implementation of this Circular in local authorities and supervise local training in occupational safety and health.

2. Notify the Occupational Safety Department of handling of administrative violations and forms of handling and proposal of other sanction measures under law provisions on training in occupational safety and health to promptly update information on the portal of the Occupational Safety Department.

3. Provide guidelines for and perform activities to support training given to employees not under labor contracts as specified in Clause 3 Article 2 of the Law on Occupational Safety and Health, Article 32 of Decree No.44/2016/ND-CP and Clause 16 Article 1 of Decree No.140/2018/N-CP.

4. Upload information about training institutions whose applications are received by the Department of Labor - War Invalids and Social Affairs on its portal. Establish and issue internal procedures for granting, renewing, re-issuing, changing and revoking the certificate of eligibility for level B training service as authorized.

5. Send a consolidated report on training in occupational safety and health provided in the area under management to the Ministry of Labor, War Invalids and Social Affairs (through the Occupational Safety Department) on a periodic basis or if required.

Article 10. Responsibilities of Occupational Safety Departments

1. Provide training and information and conduct inspection and supervisions of training in occupational safety and health; assign members to participate in the examination council and supervise examination for training courses provided for trainers in occupational safety and health.

2. Carry out inspection and supervision of local activities supporting training services provided for employees not under labor contracts.

3. Upload information on training institutions whose applications are received by the Occupational Safety and Health on its portal. Send proposals of internal procedures for granting, renewing, re-issuing, changing and revoking the certificate of eligibility for level B and C training service under authority of the Ministry of Labor, War Invalids and Social Affairs to such Ministry for issuance purpose.  Issue internal rules on issuance, renewal, amendment, re-issuance, change and revocation of certificate of eligibility for level B and C training service as authorized.

4. Promptly update information about compliance with laws, inspection and handling of violations against law provisions on training in occupational safety and health on its portal.

Article 11. Transfer provisions

Persons participating in training courses provided for trainers as regulated by laws before the effective date of this Circular are not required to join trainings courses to obtain a certificate of completion of training course provided for trainers in occupational safety and health as prescribed in Article 5 and 6 hereof.

Article 12. Effect

1. This Circular comes into force from February 11, 2019.

2. Circular No.19/2017/TT-BLDTBXH dated July 03, 2017 providing for guidelines on training in occupational safety and health will expire from the effective date of this Circular.

3. Should any question arise during implementation, entities concerned shall inform the Ministry of Labor, War Invalids and Social Affairs for further instructions./.

APPENDIX I

TRAINING FRAME PROGRAM PROVIDED FOR TRAINERS IN OCCUPATIONAL SAFETY AND HEALTH
(Issued together with Circular No.31/2018/TT-BLDTBXH dated December 26, 2018)

APPENDIX II

SPECIMEN OF CERTIFICATE OF COMPLETION OF TRAINING COURSE PROVIDED FOR TRAINERS IN OCCUPATIONAL SAFETY AND HEALTH
(Issued together with Circular No.  /2018/TT-BLDTBXH dated …. , 2018)

- Size: 21 x 29.7 cm;

- The outside of the certificate includes the following information:

(1) Name of the supervisory authority of the issuer of the certificate in capitals and lower case;

(2) Name of the issuer of the certificate in capitals and bold;

The inside of the certificate includes the following information:

(1) The certificate shall be numbered according to the issuance year.

APPENDIX III

SPECIMEN OF CERTIFICATE OF PARTICIPATION IN TRAINING COURSE FOR IMPROVEMENT OF KNOWLEDGE OF OCCUPATIONAL SAFETY AND HEALTH
(Issued together with Circular No.  /2018/TT-BLDTBXH dated …. , 2018)

- Size: 21x29.7 cm;

- The outside of the certificate includes the following information:

(1) Name of the supervisory authority (if any) of the issuer of the certificate in capitals and lower case;

(2) Name of the issuer of the certificate in capitals and bold;

The inside of the certificate includes the following information:

 (1) The certificate shall be numbered according to the issuance year.