Thông tư 32/2011/TT-BLDTBXH

CIRCULAR

GUIDING THE TECHNICAL EXPERTISE OF OCCUPATIONAL SAFETY OF MACHINERY, EQUIPMENT, MATERIALS WITH STRICT REQUIREMENTS ON OCCUPATIONAL SAFETY

Pursuant to the Decree No.06/CP dated 20/1/1995 of the Government detailing a number of Articles of the Labor Code on occupational safety, occupational hygiene and Decree No.110/2002/ND-CP dated 27/12/2002 of the Government on amending, supplementing a number of Articles of the Decree No.06/CP;

Pursuant to the Decree No.132/2008/ND-CP dated 31/12/2008 of the Government detailing a number of Articles of the Law on Quality of Products, Goods;

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

The Ministry of Labor, Invalids and Social Affairs guides the implementation of the technical expertise of occupational safety of machinery, equipment, materials with strict requirements on occupational safety as follows:

Article 1. Scope of governing and application subjects

This Circular guides the implementation of the technical expertise of occupational safety of machinery, equipment, materials with strict requirements on occupational safety for enterprises, agencies, organizations and individuals (collectively called as establishments) using machinery, equipment and materials with strict requirements on occupational safety according to the list in Appendix 01 attached herewith (collectively, the expertise object) and the organizations operating technical expertise service of occupational safety, the agencies relating to the technical expertise service of occupational safety.

Article 2. Interpretation of terms

In this Circular, the following terms shall be construed as follows:

1. Technical expertise of occupational safety (referred to as expertise) means the technical operation under a process of expertise to evaluate and certify the compatibility of safety technical status of the expertise objects specified in the technical regulations or technical standards corresponding to the expertise object.

2. Organization operating technical expertise of occupational safety (called as expertise unit) means an organization registered service operation of safety technical expertise for machinery and equipment with strict requirements on occupational safety meeting conditions in accordance with provisions of the Ministry of Labour - Invalids and Social Affairs.

Article 3. Responsibilities of establishments using expertise objects

1. The establishments send notice of the period or irregular, first-time demands of expertise for the expertise objects to the expertise units in writing/by phone/fax/e-mail.

2. Prepare all technical documents related to the expertise objects to provide for expert and appoint the representatives to witness the expertise process.

3. Correct the phenomenon not guaranteeing the safety related to the expertise, preparation and facilitate the expertise units to perform their tasks.

4. The establishments immediately report to the local Department of Labour - Invalids and Social Affairs where the expertise objects are located that the expertise units refused to carry out the expertise for taking measures of timely support.

5. Annually make the expertise plan for the expertise objects.

6. Manage and use the objects in accordance with the provisions of national technical regulations, national standards on occupational safety.

Article 4. Responsibilities of the expertise units.

1. Within 04 working days after receipt of the request of expertise of the establishment, the expertise unit should be consistent with the establishment for the implementation of expertise or shall notify in writing and state clearly the reasons in case of failure to perform the expertise as required.

2. The expertise unit is only allowed to expertise for the first time for the expertise objects imported after completion of customs procedures; for the expertise objects produced domestically which have been certified regulations conformity and has been registered regulations conformity.

3. The expertise unit conducts the expertise in accordance with the national technical regulations (safe technical expertise process) issued by the Ministry of Labour - Invalids and Social Affairs or the Ministries managing branches, sectors. For the expertise objects that have not yet had the national technical regulations, the expertise unit may be based on the international technical regulations, technical standards, and expertise procedures or of the countries that have been admitted by Vietnam to expertise.

4. The expertise unit must stick their stamps on the expertise objects meeting requirements (except those mentioned in point 6 and electric hoist mentioned in point 14 of Appendix 01 of this Circular); no later than 05 working days from the date of publishing the minutes of expertise, the expertise unit must issue to the establishment the slip of expertise result (01 copy); form of the slip of expertise result shall be according to Appendix 02 attached to this Circular.

5. During the expertise, if detecting the objects may lead to malfunction, occupational accidents, they must stop the expertise, report to the establishment for taking the remedial measures.

6. If the expertise unit violates the expertise process that causes damage to the establishment, then depending on the extent of damage, the expertise unit must be responsible for paying compensation as prescribed by law.

7. Every 6 months (before July 05), a year (before January 10 of following year), the expertise units are responsible for:

a) Reporting on the expertise activities in the locality with the Department of Labour - Invalids and Social Affairs according to the report form in Appendix 03 attached to this Circular.

b) Reporting on the expertise activities in the localities to the Ministry of Labour - Invalids and Social Affairs (Department of Work Safety) according to the report form in Appendix 04 attached to this Circular.

8. Expertise stamps

a) Expertise stamps shall have shapes, sizes, colors, the parameters recorded on the stamps as prescribed in Appendix 05 attached to this Circular.

b) Expertise stamps may be magnified or miniature in accordance with the size of the expertise objects, but must ensure the correct rate and visible with the naked eye.

c) Expertise stamps are pasted on the expertise objects or hung in the readable, conspicuous locations; stamps are made of materials of non-translucence and uneasy to be peeled off.

9. Registration of logo and the forms of expertise stamps of the units with the Department of Work Safety, Ministry of Labour - Invalids and Social Affairs.

Article 5. Responsibilities of the Departments of Labour - Invalids and Social Affairs

1. Departments of Labour - Invalids and Social Affairs coordinates with the concerned agencies to disseminate, guide the establishments using the expertise objects in the areas on the implementation of this Circular.

2. Inspect, examine and handle the violations in the field of expertise within its jurisdiction.

3. To report on the status of expertise activities at the localities to the Ministry of Labour - Invalids and Social Affairs as required.

Article 6. Responsibilities of the Department of Work Safety

1. To assist the Minister of Labour - Invalids and Social Affairs in unifying State management on activities of technical expertise of occupational safety.

2. To synthesize, submit to the Ministry of Labour - Invalids and Social Affairs for issuing a list of machinery, equipment, and materials with strict requirements on occupational safety.

3. To coordinate with the Departments of Labour - Invalids and Social Affairs to guide and supervise the implementation of this Circular.

4. Annually notify the expertise situation within the whole country.

Article 7. Responsibilities of the ministries, ministerial-level agencies, Governmental agencies, Chairmen of People's Committees of provinces and cities directly under the Central Government

1. To direct and urge the establishments under their jurisdiction to comply with the provisions of this Circular.

2. To research and propose the Ministry of Labour - Invalids and Social Affairs to amend and supplement the list of machinery, equipment and materials with strict requirements on occupational safety.

Article 8. Effect

1. This Circular takes effect from January 01, 2012.

2. Annul Circular No.04/2008/TT-BLDTBXH 02 dated February 27, 2008 of the Ministry of Labour - Invalids and Social Affairs guiding the procedures for registration and expertise of machinery, equipment and materials with strict requirements on occupational safety.

3. In the process of implementation, if any problems arise, the concerned bodies reflect to the Ministry of Labour - Invalids and Social Affairs for study and settlement./.