Thông tư 05/2012/TT-BLDTBXH

CIRCULAR

ON THE ISSUANCE OF THE NATIONAL TECHNICAL REGULATION ON SAFE WORKING WITH LIFT EQUIPMENT

Pursuant to Government’s Decree No. 186/2007/ND-CP dated 25 December 2007 on regulating the functions, missions, authority and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to the Government’s Decree No. 127/2007/ND-CP dated 01 August 2007 on regulating details of the Law on Standards and Technical regulations;

Pursuant to the Government’s Decree No. 132/2008/ND-CP dated 31 December 2008 on regulating details of the Law on Quality of products and goods;

Upon the assessment by the Ministry of Science and Technology via the Letter No. 1420/BKHCN-TDC dated 23 June 2011, the Minister of Labor, Invalids and Social Affairs issues the National technical regulations on safe working with lifting equipment,

Article 1. The national technical regulations on safe working with lift equipment are enclosed to this Circular.

Code: QCVN 7:2012/BLDTBXH

Article 2. The national technical regulations on safe working with lift equipment take effects 06 months after the signing date of this Circular.

Article 3. Ministries, ministerial-level authorities, governmental authorities, People’s Committees of provinces and municipalities and relevant organizations and individuals are responsible for enforcing this./.

QCVN 7: 2012/BLDTBXH

NATIONAL TECHNICAL REGULATION ON SAFE WORKING WITH LIFT EQUIPMENT

Preface

QCVN 7:2012/BLDTBXH – National technical regulation on safe working with lift equipment is compiled by the Bureau for Safe work and is issued by the Ministry of Labor, Invalids and Social Affairs in accordance with the Circular No. 05/2012/TT-BLDTBXH dated 30 March 2012, upon the assessment by the Ministry of Science and Technology.

NATIONAL TECHNICAL REGULATION

ON SAFE WORKING WITH LIFT EQUIPMENT

1. General

1.1. Scope of regulation

This regulation governs the following common lift equipment:

1.1.1. Boom crane: loader crane, rubber tired crane, crawler crane, tower crane, level luffing crane, rail-mounted crane, gantry crane, balancer crane.

1.1.2. Overhead cranes and bridge cranes

1.1.3. Lift machines:

1.1.3.1 Vertical lifter;

1.1.3.2. Electric hoist;

1.1.3.3 Electric wire winch

1.1.3.4. Hand-operated hoist and winch;

1.1.3.5. Cable lift machine for construction.

1.1.4. Loading handling parts

1.1.5 This regulation does not govern the following lift equipment:

1.1.5.1. Excavators;

1.1.5.2. Lift equipment without cable or chain;

1.1.5.3. Forklift;

1.1.5.4. Elevator;

1.1.5.5 Lift equipment installed on sea vessels, domestic waterway vehicles and marine structures.

1.2. Regulated entities

This regulation is applicable to:

1.2.1. Organizations and individuals that manufacture, export, import, circulate, install and use lift equipment (referred to as the enterprises);

1.2.2. Relevant authorities and other organizations and individuals

1.3. Terminology

1.3.1. This Regulation uses the definitions from TCVN 4244:2005 national technical regulation on the design, building and technical verification of lift equipment.

1.3.2 Original technical documents of lift equipment include:

1.3.2.1. The general description; calculation sheet for selection of electrical, hydraulic or compressed air equipment; calculation sheet on durability and stability or origin of lift equipment;

1.3.2.2. The general drawing of lift equipment, stating dimensions and main parameters;

1.3.2.3. The drawing of the diagram of operational principles and main technical features of electric, hydraulic or compressed air transmission system, control equipment and safety equipment deployment;

1.3.2.4. The drawing of mental structures;

1.3.2.5. The drawing of the installation of structural clusters of lift equipment and wiring diagram;

1.3.2.6. The production process for special parts;

1.3.2.7. The loading verification and test procedure;

1.3.2.8 The manual for assembly and safe operation.

2. Technical regulation

2.1. The lift equipment as mentioned above must maintain minimum technical characteristics in compliance with TCVN 4244:2005 technical standard on the design, building and technical verification of lift equipment.

2.2. If the said Vietnamese standard is amended, latest regulations shall prevail.

3. Regulation on the management of the labor safety in building, importing, circulating, installing and using lift equipment.

3.1. Safety requirements for lift equipment manufactured domestically

The lift equipment governed by this Regulation must come with:

3.1.1 Sufficient original technical documents;

3.1.2. The announcement of conformity and certificate of conformity (in compliance with conformity assessment methods: Method 7 for lift equipment produced in batch or method 8 for lift equipment separately made according to the Decision No. 24/2007/QD-BKHCN dated 28 September 2007 by Minister of Science and Technology);

3.1.3. The affixture of the conformity seal prior to market circulation;

3.1.4. The supervision and verification by the product and goods quality auditing authority of the Ministry of Labor, Invalids and Social Affairs.

3.2. Safety requirements for lift equipment imported

3.2.1 The lift equipment imported must come with sufficient original technical documents, announcement and certificate of conformity in compliance with requirements set by certifying bodies as defined by Vietnamese authorities or foreign certifying bodies acknowledged according to international treaties, which the Socialist Republic of Vietnam participates in or a competent authority of the Socialist Republic of Vietnam engages in.

3.2.2. If the lift equipment imported is not required to undergo import quality verification in accordance with mutual and multilateral agreements by competent authorities of the Socialist Republic of Vietnam and those of exporting countries, such lift equipment is exempted from import auditing.

3.2.3 If the lift equipment fulfills requirements in section 3.2.1 and passes three consecutive import quality verifications, future import quality auditing shall be spared. The product and goods quality verification authority of the Ministry of Labor, Invalids and Social Affairs shall provide details to customs authorities and mass media agencies.

If the import quality of the lift equipment is, however, disqualified or consumers’ complaints arise, the quality of lift equipment shall be inspected through the approach of routine import quality verification.

3.2.1 The imported lift equipment failing requirements in section 3.2.1 must, upon the importing of such equipment, undergo assessment at the portal of import by an assessing organization assigned or endorsed according to international treaties, in which the Socialist Republic of Vietnam participates, or international agreements, which competent authorities of the Socialist Republic of Vietnam enter.

3.2.5 The lift equipment must undergo quality verification according to the regulated procedures and formalities and sustain penalties resulting from its breach of laws.

3.3. Safety requirements for lift equipment circulated in the market

Vendors must fulfill the following requirements for the lift equipment circulated in the market:

3.3.1 Apart from the compliance with requirements in TCVN 4244-2005, relevant national technical regulations must be observed during the maintenance and circulation of the lift equipment;

3.3.2 The lift equipment must undergo quality verification according to the regulated procedures and formalities and sustain penalties resulting from its breach of laws.

3.4. Requirements for the installation of the lift equipment

The installation of the lift equipment is only enabled upon the satisfaction of following requirements:

3.4.1 Original technical documents are sufficiently available;

3.4.2 Conformity has been announced and certified according to regulations.  The documents on the lift equipment's fulfillment of customs procedures must be available;

3.4.3 Machine parts following the equipment must be synchronized. The enterprise branding the equipment is held liable for assuring technical features of parts jointly made by various companies in several nations.

3.5. Requirements for the installers of the lift equipment

3.5.1 The entities installing, modifying, maintaining and repairing the lift equipment must fulfill the following requirements:

3.5.1.1. Have legal status and obtain a competent authority’s certificate of registration of such business lines;

3.5.1.2. Have adequate technicians professionally trained. Have skilled technical workers who have received trainings and safety cards according to regulations;

3.5.1.3. Have sufficient technical eligibility and technologies for the installation, modification and repair of the equipment;

3.5.1.4. Conform to the manufacturers’ guidelines for the installation, operation and use of the equipment and maintain technical parameters of the lift equipment according to original technical documents;

3.5.1.5. The installers must prepare and provide the following technical documents, subject to original technical files, to the users:

3.5.1.5.1 The origin of the lift equipment;

3.5.1.5.2. The manual for safe operation and use of the lift equipment;

3.5.1.5.3. The manual for regular and periodical maintenance and verification;

3.5.1.5.4. The assignments of responsibilities and the stipulation of periods for modification, maintenance, repair and recovery by the installer, the maintenance unit and the user of the lift equipment;

3.5.1.6 The installer and repairer of the equipment are held responsible for informing the user of the lift equipment in writing of the initial technical safety auditing according to regulations by the Ministry of Labor, Invalids and Social Affairs.

3.6. The details on safe management and use of the lift equipment;

3.6.1. The requirements for safe use of the lift equipment:

3.6.1.1. Only the lift equipment in good technical conditions and qualifying technical safety auditing is used. Lift equipment with vital parts damaged is not usable;

3.6.1.2. The lift equipment is provided subject to technical specifications and loading capacity defined by manufacturers (or re-defined by operation and management units after modifications or repair of such equipment ...)

3.6.1.3. Adequate lighting and other safety requirements on lifting locations and load transfer must be maintained;

3.6.1.4. Workers are sufficiently assigned to each lift equipment. At least 2 workers must be assigned according to working conditions;

3.6.1.5. Safety measures for workers, materials, equipment and buildings within the operational range of the lift equipment must be executed.

3.6.1.6. Damages detected must be timely mended;

3.6.1.7. A written record of periodical maintenance, repair, replacements and all manufacturers' regulated tasks must be maintained for each lift equipment;

3.6.1.8. A written shift transfer record monitoring the lift equipment’s pre-shift verification and in-shift conditions must be maintained for each lift equipment.

3.6.2. The workers responsible for managing technical characteristics and operation of the lift equipment must obtain fundamental trainings on their assignments, on safety and labor hygiene prior to their initial tasks. Annual training and safety training certification are required.  Such workers must comprehend technical specifications of the lift equipment assigned and related safety standards and regulations.

3.6.3. Signal workers must be assigned during the operation of the lift equipment in every circumstance. The quantity of signal workers is decided according to working conditions. If the operator of the lift equipment is able to observe loading conditions during the hooking, lifting, moving and unloading, signal tasks can be assigned to hooking workers.

3.6.4. The operator of the lift equipment and hooking worker must satisfy following requirements”

- Minimum age of 18;

- Qualified health conditions;

- Possession of professional knowledge and training, and safety cards according to regulations.

3.6.5. The assignment of lift equipment operators must be made in writing by the employer of workers.

3.6.6. An operator of a lift equipment working with another lift equipment must be re-trained according for suitable operation of the new equipment. Lift equipment operators, who have not performed the works for at least 1 year, must do knowledge tests and probation to restore their required habits prior to the assignment of tasks.

4. Technical safety auditing and registration of lift equipment operation

4.1. The lift equipment, before used, must undergo initial and periodical audits during its operation and random audits according to the auditing procedures as defined by the Ministry of Labor, Invalids and Social affairs.

The technical safety auditing of the lift equipment must be performed by a conformity assessing organization defined by the Bureau for Safe work of the Ministry of Labor, Invalids and Social affairs according to the laws.

4.2. During the auditing, auditing organizations and equipment operation management units must strictly abide by technical lift equipment safety procedures defined by the Ministry of Labor, Invalids and Social affairs.

4.3. The lift equipment inspected and qualifying requirements must be stamped according to regulations.

5. Inspection, verification and penalties

5.1. Governmental labor inspectors inspect and settle violations of the enforcement of this Regulation.

5.2. The verification of the quality of production, import, export, circulation and use of lift equipment is governed by the Law on Product and goods quality.

6. Responsibilities of organizations and individuals

6.1. Organizations and individuals manufacturing, importing, exporting, circulating, installing, repairing, managing and operating the lift equipment are responsible for abiding by this Regulation.

6.2. This Regulation is the basis of lift equipment quality verification authorities' verification processes and the basis of conformity assessing organizations’ certification of conformity.

7. Implementation

7.1 Bureau for Safe work of the Ministry of Labor, Invalids and Social affairs are responsible for guiding and inspecting the enforcement of this Regulation.

7.2. Local governmental labor administration authorities are responsible for guiding, inspecting and verifying the enforcement of this Regulation.

7.3. This Regulation takes effect 6 months after the date of signing.

7.4. Concerned authorities, organizations and individuals, upon their execution of the Regulation, are responsible for timely submitting their inquiries for the Ministry of Labor, Invalids and Social to consider and settle such./.