Thông tư 25/2012/TT-BLDTBXH

CIRCULAR

PROMULGATING THE NATIONAL TECHNICAL REGULATION ON OCCUPATIONAL SAFETY WITH GAS FILTERS USED IN MASKS AND RESPIRATORS

Pursuant to the Government's Decree No. 186/2007/ND-CP dated December 25, 2007, defining the functions, duties, power and organizational structure of the Ministry of Labor-Invalids and Social Affairs;

Pursuant to the Government’s Decree No. 127/2007/ND-CP of August 01, 2007, detailing implementation of a number of Articles of Law on Standards and Technical Regulations;

Pursuant to the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing implementation of a number of Articles of Law on product and goods quality;

After having the appraisal opinion of the Ministry of Science and Technology at the official dispatch No. 2161/BKHCN-TDC dated August 01, 2012, the Minister of Labor-Invalids and Social Affairs, promulgating the national technical regulations on occupational safety with gas filters used in masks and respirators as follows:

Article 1. To promulgate together with this Circular the national technical regulation on occupational safety with gas filters used in masks and respirators.

Sign: QCVN 10:2012/BLDTBXH  

Article 2. The national technical regulation on occupational safety with gas filters used in masks and respirators takes effect after 06 months from the day of signing this Circular.

Article 3. Ministries, ministerial-level agencies, Governmental agencies, the provincial People’s Committees, and relevant organizations and individuals shall be responsible for implementation.

QCVN 10 : 2012/BLDTBXH

NATIONAL TECHNICAL REGULATION ON OCCUPATIONAL SAFETY WITH GAS FILTERS USED IN MASKS AND RESPIRATORS

Foreword

QCVN 10: 2012/BLDTBXH was composed and submitted for approval by the Group of drafting national technical regulation on occupational safety with gas filters used in masks and respirators, and the Department of Labor safety, then the Ministry of Labor - Invalids and Social Affairs promulgated it together with the Circular No. 25/2012/TT-BLDTBXH dated October 25, 2012, after having the appraisal opinion of the Ministry of Science and Technology.

NATIONAL TECHNICAL REGULATION  

ON OCCUPATIONAL SAFETY WITH GAS FILTERS USED IN MASKS AND RESPIRATORS

1. GENERAL PROVISIONS

1.1. Scope of adjustment

This Regulation prescribes the safety requirements applicable to gas filters used in masks and respirators which are classified according to section 5 of the European Standard (EN) 14387:2004 (E) Respiratory protective devices - Gas filter(s) and combined filter(s) - Requirements, testing, marking.

For gas filters used for prevention of CO, the safety provisions are applied to the European Standard (EN) 404: 2005 Respiratory protective devices for self - rescue - Filter self - rescuer from carbon monoxide with mouthpiece assembly.

1.2. Subjects of application

1.2.1. Organizations and individuals producing, importing, circulating and using the gas filters used in masks and respirators.

1.2.2. Organizations of examining the product and goods quality, state management agencies, and relevant organizations and individuals

1.3. Interpretation of terms

In this Regulation, it uses terms of the European Standard as follows:

- EN 132:1999: Respiratory protective devices- Definition of terms and pictograms.

- EN 134:1998 Respiratory protective devices – Nomenclature of components

2. TECHNICAL REGULATION

2.1. Gas filters used in masks and respirators must satisfy requirements defined in the European Standard (EN) 14387:2004 (E) Respiratory protective devices - Gas filter(s) and combined filter(s) – Requirements, testing, marking and the European Standard (EN) 404: 2005 Respiratory protective devices for self - rescue - Filter self - rescuer from carbon monoxide with mouthpiece assembly.

2.2. In case where the European Standard stated above have amendments or supplementations, the last provisions shall be applied.

3. MANAGEMENT REGULATION

3.1. Gas filters used in masks and respirators which are produced domestically

3.1.1. Gas filters used in masks and respirators produced domestically must be certified regulation conformity and announced the regulation conformity in accordance with technical requirements defined in section 2 of this Regulation.  

The Ministry of Labor - Invalids and Social Affairs shall appoint organizations of certifying regulation conformity to perform the certification of regulation conformity and perform according to the method:  testing typical sample and in association with assessment of the production process; and supervision through testing samples taken at production place in association with assessment of the production process (method 3 in Regulation on certification of standard conformity, regulation conformity and announcement of standard conformity, announcement of regulation conformity” promulgated together with the Decision No. 24/2007/QD-BKHCN dated September 28, 2007 of the Minister of Science and Technology).

3.1.2. Gas filters used in masks and respirators produced domestically must be stuck seal of regulation conformity, and labeled according to the European Standard (EN) 14387:2000 (E) Respiratory protective devices - Gas filter(s) and combined filter(s) - Requirements, testing, marking, before put them into circulation on market. The labeling must comply with the currency provisions of Vietnamese Law.

3.2. Import gas filters used in masks and respirators

3.2.1. Import gas filters used in masks and respirators must be certified regulation conformity in accordance with technical provisions stated in section 2 of this Regulation.

3.2.2. The certification of regulation conformity is conducted by the certificate organizations which have been appointed by the Ministry of Labor - Invalids and Social Affairs, or by the recognized foreign organizations or individuals.

3.2.3. The certification of regulation conformity is performed according to method of: testing, assessing batch of products or goods (method 7 in “Regulation on certification of standard conformity, certification of regulation conformity and announcement of standard conformity, announcement of regulation conformity” promulgated together with the Decision No. 24/2007/QD-BKHCN dated September 28, 2007 of the Minister of Science and Technology).

3.2.4. Import gas filters used in masks and respirators must be stuck seal of regulation conformity, and labeled according to the European Standard (EN) 14387:2004 (E) Respiratory protective devices - Gas filter(s) and combined filter(s) - Requirements, testing, marking, before put them into circulation on market.  The labeling must comply with the currency provisions of Vietnamese Law.

3.3. Gas filters used in masks and respirators circulating on market

3.3.1. Gas filters used in masks and respirators circulating on market must be stuck seal of regulation conformity, and labeled according to the European Standard (EN) 14387:2004 (E) Respiratory protective devices - Gas filter(s) and combined filter(s) - Requirements, testing, marking. The labeling must comply with the currency provisions of Vietnamese Law.

3.3.2. In necessary case, the competent state management agencies may conduct examination of quality for gas filters used in masks and respirators circulating on market same as products produced domestically or imported.

3.4. Management of gas filters used in masks and respirators during usage

3.4.1. To store and preserve gas filters used in masks and respirators in accordance with guide of producers.

3.4.2. To use gas filters used in masks and respirators for proper purpose, properly with function of each gas filter and in accordance with guide of producers.

3.4.3. Specially to pay attention to warnings on being able to cause safety loss during usage. Not reuse gas filters used in masks and respirators for twice if producers prescribe for use of once only, not use gas filters used in masks and respirators which were expired for usage.

4. RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

4.1. Organizations and individuals producing, importing, exporting, circulating and using the gas filters used in masks and respirators are responsible for complying with provisions in this Regulation.

4.2. This Regulation is grounds for state management agencies of product and goods quality, agencies of quality inspection to conduct inspection and also is grounds for the conformity certificate organizations to conduct certification of regulation conformity for gas filters used in masks and respirators.

5. ORGANIZATION OF IMPLEMENTATION

5.1. The Department of Labor safety, under the Ministry of Labor - Invalids and Social Affairs, shall coordinate with the relevant functional agencies in guiding and organizing implementation of this Regulation.

5.2. The local labor state management agencies shall guide inspection and examination over implementation of technical provisions of this Regulation.

5.3. Any problems arising in the course of implementation should be promptly reported to the Ministry of Labor - Invalids and Social Affairs for consideration and settlement.