Thông tư 19/2017/TT-BLDTBXH

CIRCULAR

ON GUIDELINES FOR TRAINING IN OCCUPATIONAL SAFETY AND HYGIENE

Pursuant to the Law on Occupational Safety and Hygiene No. 84/2015/QH13 dated June 25, 2015;

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

Pursuant to the Government's Decree No. 44/2016/ND-CP dated May 15, 2016 on guidelines for the Law on Occupational Safety and Hygiene in terms of testing of labor safety techniques, training in occupational safety and hygiene and occupational environment monitoring;

At the request of Director of the Department of Labor safety,

The Minister of Labor, War Invalids and Social Affairs promulgates a Circular on guidelines for training in occupational safety and hygiene.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidelines for determination of periods of time for which employees have worked in occupational safety and hygiene or have taught occupational safety and hygiene; courses or trainer courses in occupational safety and hygiene; update for policies, laws, science, engineering in terms of occupational safety and hygiene; management and initiation of training in occupational safety and hygiene; assistance in training provided for employees working in administrative divisions not under labor contracts with strict requirements for occupational safety and hygiene.

Article 2. Regulated entities

1. Employers, employees prescribed in Article 2 of the Law on Occupational Safety and Hygiene.

2. Occupational safety and hygiene trainers.

3. Public service providers, enterprises and other organizations and individuals relating to training in occupational safety and hygiene.

Article 3. Determining periods of time for which employees have worked in occupational safety and hygiene or have taught occupational safety and hygiene

1. The period of time for which an official or civil servant, a member of armed forces has worked in occupational safety and hygiene or has taught occupational safety and hygiene shall be determined according to certification of the last body that have managed his/her resume.

2. The period of time for which a person working at public service providers, enterprises, or other organizations has worked in occupational safety and hygiene or has taught occupational safety and hygiene shall be determined according to certifications made by these workplaces, enclosed with copies of labor contracts, probation contracts, and other equivalent legitimate documents.

3. The period of time for which a person working at multiple agencies, organizations, or enterprises has worked in occupational safety and hygiene or has taught occupational safety and hygiene by shall be determined according to certifications made by these workplaces, enclosed with copies of the following documents: resume of official and public employee, labor contract, probation contract, social insurance book or other legitimate documents.

Chapter II

TRAINER COURSES AND UPDATE FOR OCCUPATIONAL SAFETY AND HYGIENE TRAINERS

Article 4. Standards for occupational safety and hygiene trainers

A trainer must meet the following standards:

a) The standards prescribed in Article 22 of Decree No. 44/2016/ND-CP ;

b) At least 10 years of experience in formulating policies, law, management, inspection, study, and training in occupational safety and hygiene or at least 10-year experience in training in occupational safety and hygiene at public service providers and/or enterprises.

Article 5. Providers of courses for occupational safety and hygiene trainers

A provider must meet the following criteria:

1. Obtain a certificate of eligibility for operation in training, a certificate of training that remain valid, or a certificate of eligibility for operation class C as prescribed in Decree No. 44/2016/ND-CP .

2. Formulate professional training materials according to framework of training issued herewith.

3. Ensure that a given number of trainers satisfy training requirements according to the training framework issued herewith.

Article 6. Contents of courses for occupational safety and hygiene trainers

1. With regard to trainers working for eligible providers of training courses or enterprises eligible for self-training:

a) Training in practices in terms of occupational safety and hygiene include:

Policies, law on occupational safety and hygiene; analysis, verification and control of risks in respect of occupational safety and hygiene and making of plans for urgent rescue; making of occupational safety and hygiene management system; safety culture in business; self-inspection; investigation of occupational accidents; testing and training in occupational safety and hygiene.

b) Training in skills for occupational safety and hygiene trainers include:

Lecture development; presentation; counseling, guidance, propagation of occupational safety and hygiene; organization of training courses; using training aids.

c) Training in compulsory seminars include:

Occupational safety and hygiene in manufacture, erection, inauguration, and repair of electrical equipment; occupational safety and hygiene in chemical-related activities; occupational safety and hygiene in building and mineral extraction; occupational safety and hygiene in manufacture, maintenance, repair, and inauguration of machine and equipment with strict requirements for occupational safety and hygiene.

d) Other intensive training in conformity with capacity of trainers and registered by trainers.

dd) Training period: Total training period is 80 hours regarding contents of training prescribed in Points a, b, and c of this Clause, excluding period of examination. With regard to other intensive training prescribed in Point d of this Clause, the training period is at least 4 hours per seminar.

2. With regard to trainers who solely provide training for group 4 at enterprises or practice trainers:

a) Training in professional competence: Policies, law on occupational safety and hygiene; analysis, verification and control of risks in respect of occupational safety and hygiene and making of plans for urgent rescue; making of occupational safety and hygiene management system; safety culture in business;

b) Contents of training in skills: Lecture development; presentation; counseling, guidance, propagation of occupational safety and hygiene; organization of training courses; using training aids.

c) Total training period is 40 hours regarding contents of training prescribed in Points a, b, and c of this Clause, excluding period of examination.

3. The training program shall be consistent with the framework of training prescribed in Appendix I issued herewith.

Article 7. Forms of courses for occupational safety and hygiene trainers

Direct and centralized training form shall apply to ensure the regular interaction between trainers and trainees.

Article 8. Examination of occupational safety and hygiene trainers

1. An examination board which is composed of 5 members shall be established, including representative of the Department of Labor Safety, professional association of occupational safety and hygiene, occupational safety and hygiene experts and/or scientists in certain branches of knowledge namely formulation of law, occupational safety and hygiene in business, erection, inauguration, and repair of electrical equipment, occupational safety and hygiene in chemical-related activities; occupational safety and hygiene in building and mineral extraction; occupational safety and hygiene in manufacture, maintenance, repair, and inauguration of machine and equipment with strict requirements for occupational safety and hygiene.

2. Contents of examination include the following 2 parts:

a) Theoretical examination: Trainers shall take a single exam for 90 minutes. Trainers of professional competence, group 4 and practices shall take a single exam for 45 minutes;

b) Practical examination: Each trainer shall choose 1 seminar, prepare his/her own lecture according to the framework program as prescribed and present it before the examination board within 30 minutes. Each trainer of skills, group 4 and practices shall present the lecture within 20 minutes.

3. Evaluation of examination results: Examination result is total score of theoretical examination and skill examination. Maximum score of each examination is 100. A “passed” trainer must obtain 50 score for each examination.

Article 9. Update for occupational safety and hygiene trainers

Providers of training courses prescribed in Article 5 hereof shall provide updates on policies, science and technology for occupational safety and hygiene trainers.

Chapter III

FINANCIAL AID FOR EMPLOYEES WORKING NOT UNDER LABOR CONTRACTS

Article 10. Survey of need for financial aid for training and making of budget estimates

1. Annually, the Department of Labor safety shall conduct surveys nationwide at key administrative divisions where many employees have worked not under labor contracts as positions with strict requirements for occupational safety and hygiene; particularly focusing on areas posing high risks of occupational accidents and occupational diseases, likely causing bad effects on many employees and the community so as to make plans and/or budget estimates for model training classes and then submit them to the Ministry of Labor, War Invalids and Social Affairs for approval and to the Ministry of Finance, which subsequently request competent authority to provide certain funds from state budget estimates.

2. Annually, Department of Labor, War Invalids and Social Affairs of provinces and central-affiliated cities (hereinafter referred to as provinces) shall conduct surveys at craft villages, cooperatives, manufacture groups in administrative divisions where many employees have worked not under labor contracts as positions with strict requirements for occupational safety and hygiene; consolidate need for financial aid and make plans and/or budget estimates for training and then send them to finance authority at the same administrative level so as to provide funding from state budget estimates.

3. Annually, Division of Labor, War Invalids and Social Affairs shall conduct surveys at households, cooperatives, self-employed employees working jobs with strict requirements for occupational safety and hygiene in the administrative divisions; consolidate need for financial aid and make plans and/or budget estimates for training and then send them to finance authority at the same administrative level so as to provide funding from state budget estimates.

4. Labor, War Invalids and Social Affairs bodies prescribed in Clause 1, Clause 2 and Clause 3 of this Article shall choose public providers of training courses eligible for providing public administration services in terms of training in occupational safety and hygiene in the form of assignment, commissioning or bidding as prescribed in Clause 2 Article 11 of the Government’s Decree No. 16/2015/ND-CP dated February 14, 2015 on autonomy exercised by public non-business units and Decision No. 1508/QD-TTg dated July 27, 2016 of the Prime Minister promulgating a list of public administration services funded by government budget under management of the Ministry of Labor, War Invalids and Social Affairs.

Article 11. Procedures for providing financial aid for training

1. Direct financial aid for worker

a) Any eligible worker may submit an application form for financial aid for training using the form No. 01 Appendix II enclosed herewith to Division of Labor, War Invalids and Social Affairs, together with an invoice of the provider of training courses and a copy of safety card that has been issued.

b) The Division of Labor, War Invalids and Social Affairs shall provide training-related financial aid for employees within 14 working days from the date on which an adequate application is received.

2. Financial aid through providers of training courses

An eligible provider of training courses may submit an application form for financial aid for training (specifying recipient's name and account number) using the form No. 02 Appendix II enclosed herewith to the Labor, War Invalids and Social Affairs body as prescribed in Clause 4 Article 10 hereof, together with supporting documents on the training courses:

a) An application form for training-related financial aid for eligible employees using form No. 01 Appendix II enclosed herewith;

b) Estimates of training expenditures using form No. 03 Appendix II enclosed herewith;

c) A list of trainers using form No. 04 Appendix II enclosed herewith, together with copies of supporting documents on trainers’ capacity;

d) A list of training participants using form No. 05 Appendix II enclosed herewith;

dd) Decisions on issuance of safety cards using form No. 06 Appendix II enclosed herewith, together with a list of card holders' names;

e) Training contracts using form No. 07 Appendix II enclosed herewith;

g) Contract completion statement using form No. 08 Appendix II enclosed herewith;

h) Documents on training (for verified and kept by the provider of training courses as prescribed in applicable law).

Chapter IV

IMPLEMENTATION

Article 12. Responsibilities of the Department of Labor safety

1. Administer examination and give notices to providers of training courses that meet criteria for training in professional knowledge and practices for occupational safety and hygiene trainers.

2. Choose places of examination that are convenient for participants and notify providers of training courses of time and place of examination.

3. Decide establishment of examination board as prescribed in Clause 1 Article 8 hereof. Issue certificates of training in occupational safety and hygiene to eligible examinees and keep their examination documents as prescribed by law.

4. Take charge and cooperate with professional association of occupational safety and hygiene, researching agencies of occupational safety and hygiene update knowledge, policies, science and technology in terms of occupational safety and hygiene for leaders of occupational safety and hygiene providers of training courses and evaluate and rank them so as to improve the quality of training in occupational safety and hygiene.

5. Instruct, inspect, and supervise training in professional knowledge and practices for occupational safety and hygiene trainers and update of knowledge about occupational safety and hygiene as per the law.

6. Raise awareness, instruct, inspect, and supervise local governments in terms of assistance in training provided for employees in administrative divisions not under labor contracts.

7. Develop and consistently manage online public software that issues, reissues, extend certificates of eligibility for training, gives notices of conditions for self-training conducted by enterprises; manage database of providers of training courses, self-training enterprises, trainer courses in occupational safety and hygiene.

8. Promptly update sufficient information about implementation of law, inspection, actions against violations of law on training in occupational safety and hygiene on website of the Department of Labor safety.

Article 13. Responsibilities of Department of Labor, War Invalids and Social Affairs

1. Raise awareness, instruct, inspect, and supervise the implementation of this Circular in provinces.

2. Notify the Department of Labor safety of actions against administrative violations and penalties, other as prescribed in law on training in occupational safety and hygiene so as to promptly publish them on the website of the Department of Labor safety.

3. Send a final report on training in occupational safety and hygiene in province, upon request, to the Department of Labor safety affiliated to the Ministry of Labor, War Invalids and Social Affairs.

Article 14. Responsibilities of providers of training courses in occupational safety and hygiene trainers

1. Fully participate curriculum of training, professional knowledge, and practices according to the training framework program as prescribed in this Circular and arrange enough qualified persons with professional qualifications and experience in occupational safety and health to participate in training.

2. Send a list of qualified trainees, upon completion of each training course, enclosed with supporting documents on trainers’ qualifications as prescribed in Article 22 of Decree No. 44/2016/ND-CP to the Department of Labor Safety so as to plan the concentrated examination.

3. Keep adequate training-related documents for occupational safety and hygiene trainers.

Chapter V

IMPLEMENTATION

Article 15. Entry in force

This Circular comes into force as from August 15, 2017.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration./.

APPENDIX I

(Issued together with Circular No. 19/2017/TT-BLDTBXH dated July 3, 2017)

I. Framework program, trainer courses for trainers that provide training for groups of participants held by qualified providers of training courses or qualified enterprises

II. Framework program, trainer course for trainers that provide training for group 4 held by enterprises or practice trainers