Circular No. 02/2017/TT-BQP stipulates on safety and labor hygiene training work

CIRCULAR

PROVISIONS ON SAFETY AND LABOR HYGIENE TRAINING ACTIVITIES

Pursuant to the Law on Legislative Documents dated June 22, 2015;

Pursuant to Decree No. 44/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Labor Safety Law on technical safety inspection activities, safety and labor hygiene training, and occupational environment monitoring;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013 of the Government promulgating regulations on the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the General Department of Technology,

The Minister of National Defense issues this Circular stipulating and guiding in detail the safety and labor hygiene training work within the Ministry of National Defense, including: Training subjects, content, organization of safety and labor hygiene training, and responsibilities of agencies and units.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies and guides in detail the safety and labor hygiene training work within the Ministry of National Defense, including: Training subjects, content, organization of safety and labor hygiene training, and responsibilities of agencies and units.

Article 2. Applicability

1. Commanders (employers) and military personnel, civil servants, contractual workers, probationary employees, apprentices, trainees for employment (employees) at agencies, units, enterprises (including joint ventures with foreign countries) under the management authority of the Ministry of National Defense.

2. Relevant agencies, units, organizations, and individuals.

Chapter II

SUBJECTS, CONTENT, AND GENERAL REQUIREMENTS FOR SAFETY AND LABOR HYGIENE TRAINING WORK

Article 3. Subjects of safety and labor hygiene training

1. Group 1: Personnel engaged in command and management

a) Battalion-level unit commanders and equivalent, division-level unit commanders and equivalent; general managers, directors of enterprises equivalent to battalion level and above;

b) Deputy commanders of units specified in Point a Clause 1 of this Article who are assigned the responsibility for safety and labor hygiene work;

c) Technical chiefs, deputy technical chiefs at battalion, division levels and equivalent; chiefs, deputy chiefs of tactical, campaign, strategic weapon, ammunition, chemical, fuel depots.

2. Group 2: Personnel engaged in safety and labor hygiene work

a) Staff members assigned by units specified in Clause 1 of this Article to be responsible for safety and labor hygiene work of the unit;

b) Personnel directly supervising safety and labor hygiene at workplaces.

3. Group 3: Employees performing jobs with strict requirements for safety and labor hygiene as provided in Appendix I attached hereto.

4. Group 4: Employees not belonging to the groups specified in Clauses 1, 2, 3, and Clause 5 of this Article (including foreign employees working at defense enterprises, employees working at joint ventures with foreign countries; apprentices, trainees, probationary employees at units; civilian self-defense forces, reserve forces when performing national defense and security duties).

5. Group 5: Personnel engaged in medical work.

6. Group 6: Personnel participating in the safety and hygiene worker network (safety and hygiene workers).

Article 4. Content of safety and labor hygiene training

1. Training for Group 1:

a) System of policies, laws, and regulations of the Ministry of National Defense on safety and labor hygiene;

b) Professional knowledge on safety and labor hygiene work, including: Organization, management, and implementation of safety and labor hygiene regulations at agencies and units. Rights and obligations of unit commanders and employees in safety and labor hygiene work. Assignment of responsibilities; delegation of authority for safety and labor hygiene work; activities of organizations within units on safety and labor hygiene. Basic knowledge about dangerous and harmful factors in work; preventive measures and improvement of working conditions. Workplace safety and hygiene culture.

2. Training for Group 2

a) System of policies, laws, and regulatory documents of the Ministry of National Defense on safety and labor hygiene;

b) Professional knowledge on safety and labor hygiene work, including: Organization, management, and implementation of safety and labor hygiene regulations at agencies and units. Development of internal rules, regulations, procedures, and measures to ensure safety and labor hygiene. Assignment of responsibilities and authorities of unit commanders and employees regarding safety and labor hygiene work. Basic knowledge about dangerous and harmful factors in work; preventive measures and improvement of working conditions. Development and implementation of annual safety and labor hygiene plans. Analysis and assessment of risk and hazard factors and development of emergency response plans. Establishment of safety and labor hygiene management systems; self-inspection work; accident investigation work. Technical safety inspection work; management of machines, equipment, materials, substances with strict safety and labor hygiene requirements. Training, information dissemination, and environmental monitoring work. First aid for workplace accidents and prevention of occupational diseases for employees. Work on competition, rewards, discipline, statistics, and reporting on safety and labor hygiene;

c) Specialized training: Comprehensive knowledge about machines, equipment, materials, substances generating dangerous and harmful factors; safe working procedures with machines, equipment, materials, substances with strict safety and labor hygiene requirements. Basic professional knowledge related to the technical, vocational, and industry-specific tasks of the agency, unit, or enterprise.

3. Training for Group 3

a) System of policies, laws, and regulatory documents of the Ministry of National Defense on safety and labor hygiene;

b) Basic knowledge on safety and labor hygiene: Policies and benefits for safety and labor hygiene for employees. Basic knowledge about dangerous and harmful factors at workplaces and methods to improve working conditions. Functions and tasks of the safety and hygiene worker network. Safety and labor hygiene rules; safety and hygiene warning signs; use of safety equipment and personal protective equipment; workplace safety culture. Skills and techniques for first aid in workplace accidents and prevention of occupational diseases.

c) Specialized training: Comprehensive knowledge about machines, equipment, materials, hazardous factors, and methods for analyzing, assessing, and managing risks related to work with strict safety and hygiene requirements; safe and hygienic working procedures; occupational safety and hygiene techniques relevant to workers' tasks.

4. Group 4 Training

a) Rights and obligations of employers and employees. Policies and regulations on safety and hygiene for employees. Basic knowledge about hazardous factors at workplaces and methods to improve working conditions. Functions and responsibilities of the safety and hygiene network; workplace safety culture. Safety and hygiene rules; safety and hygiene signs and instructions; use of safety equipment, personal protective equipment, emergency response skills for occupational accidents, and prevention of occupational diseases;

b) On-the-job training: Working procedures and specific safety and hygiene requirements at the workplace.

5. Group 5 Training

a) System of policies, laws, and regulatory documents of the Ministry of National Defense on safety and labor hygiene;

b) Organizational structure, management, and implementation of safety and hygiene regulations within the unit. Allocation of responsibilities and authorities regarding safety and hygiene work. Basic knowledge about hazardous factors, preventive measures, and improvement of working conditions; workplace safety culture;

c) Training for issuance of a Certificate of Professional Qualification in Occupational Health: Hazardous factors at the workplace; organization of environmental monitoring to assess harmful factors. Preparation of workplace hygiene records; common occupational diseases and preventive measures. Methods for organizing occupational health examinations, job placement examinations, and preparation of occupational disease assessment files; organization and first aid skills. Prevention of workplace epidemics; food safety; sampling and storage procedures for food samples. Implementation of material compensation and nutrition for workers. Improvement of workplace health, prevention of non-infectious workplace diseases. Knowledge, skills, and methods for developing plans, equipping facilities, and necessary conditions for hygiene work. Communication and education methods on hygiene and prevention of occupational diseases. Establishment and management of information on workplace hygiene and occupational diseases; establishment and management of employee health records, health records of those suffering from occupational diseases. Coordination work with safety and hygiene personnel or departments responsible for safety and hygiene work to perform related tasks.

6. Group 6 Training:

Workers participating in the safety and hygiene network, in addition to the safety and hygiene training according to their group's regulations, also receive supplementary training on the skills and methods of safety and hygiene officers.

Article 5. Initial Training Duration

1. Groups 1 and 4: At least 16 hours, including examination time.

2. Group 2: At least 48 hours, including theoretical and practical training and examination time.

3. Group 3: At least 24 hours, including examination time.

4. Group 5: At least 56 hours, including examination time. Of which, the training for issuance of a Certificate of Professional Qualification in Occupational Health must be at least 40 hours, and the safety and hygiene training content must be at least 16 hours.

5. Group 6: At least 4 hours beyond the already provided safety and hygiene training content.

Article 6. Training, upgrading knowledge and skills on occupational safety and health, and regular training

1. Agencies, units, organizations conducting training, and units conducting self-training shall base on the framework training program issued by the Minister of National Defense to develop appropriate training programs and materials in accordance with practical requirements.

2. Training, upgrading knowledge and skills on occupational safety and health, and regular training shall be carried out in accordance with the provisions set forth in Article 21 of Decree No. 44/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Labor Safety Law regarding technical safety inspection activities, labor safety and hygiene training, and workplace environmental monitoring (hereinafter referred to as Decree No. 44/2016/NĐ-CP).

3. The content of training must closely align with reality to meet the special military tasks of each unit.

Chapter III

ORGANIZATION OF OCCUPATIONAL SAFETY AND HEALTH TRAINING

Article 7. Standards for instructors in occupational safety and health training

1. Professional standards shall be implemented in accordance with the provisions of Article 22 of Decree No. 44/2016/NĐ-CP.

2. Politically, they must have a clear background, adequate health to work in a military environment, good moral character, firm political resolve, and be ready to accept any assigned task.

3. Continuous working time and confirmation from competent authorities at the brigade level and equivalent or higher shall be taken into account.

Article 8. Management of Issuance of Training Certificates, Safety Cards, and Certificates of Specialized Medical Knowledge on Occupational Health

1. The issuance of training certificates and safety cards shall be carried out in accordance with the provisions of Point a Clause 1 and Point a Clause 2 of Article 24 of Decree No. 44/2016/NĐ-CP.

The format of the training certificate shall comply with the provisions stipulated in Appendix III attached hereto; the format of the safety card shall comply with the provisions stipulated in Appendix IV attached hereto.

3. Issuance of Certificate of Specialized Medical Knowledge on Occupational Health.

a) The issuance of the Certificate of Specialized Medical Knowledge on Occupational Health shall be carried out in accordance with the provisions of Clause 3 of Article 24 of Decree No. 44/2016/NĐ-CP;

b) The Military Preventive Medicine Institute/Military Health Service; Southern Military Health Center/Military Health Service shall issue the Certificate of Specialized Medical Knowledge on Occupational Health to individuals who have been trained in specialized medical occupational health content and have passed the required examination;

c) The Certificate of Specialized Medical Knowledge on Occupational Health shall comply with the format prescribed in Appendix V attached hereto.

4. Record of individuals undergoing Group 4 training

a) Commanders of units at the brigade level and equivalent or higher shall record the training results of individuals undergoing Group 4 training in the Unit Training Work Record;

b) The Unit Training Work Record shall comply with the format stipulated in Form 03 of Appendix VI attached hereto.

5. Training organizations and agencies, units meeting the conditions for self-training shall establish records for issuing Training Certificates, Safety Cards, and Certificates of Specialized Medical Knowledge on Occupational Health in accordance with the formats stipulated in Forms 01 and 02 of Appendix VI attached hereto.

Article 9. Term for Issuing Training Certificates, Safety Cards, and Professional Certificates in Occupational Health

1. The training certificate and safety card have a validity period of two years. The professional certificate in occupational health has a validity period of five years.

2. Within thirty days before the expiration date of the training certificate, safety card, and professional certificate in occupational health, the commanders of agencies, units, and enterprises shall prepare a list of those who have been issued these certificates, along with the training results or documents proving the updating of knowledge and skills on safety and hygiene at work as stipulated in Article 6 of this Circular, and submit them to the authorized training organizations according to regulations. In case the training results meet the requirements, they will be issued the training certificate, safety card, and professional certificate in occupational health as stipulated in Article 11 of this Circular; if the training results do not meet the requirements, a written notice will be sent to the unit for retraining.

Article 10. Classification of Training Organizations and Conditions for Issuing Certificates of Eligibility for Operation

The classification of training organizations and conditions for issuing certificates of eligibility for operation shall be carried out in accordance with the provisions of Article 26 of Decree No. 44/2016/ND-CP.

Article 11. Authority, Documents, Procedures for Issuing, Reissuing, Extending, Revoking Certificates of Eligibility for Operation in Safety and Hygiene Training; Recognizing Medical Facilities Eligible to Issue Professional Certificates in Occupational Health

1. The authority for issuing, reissuing, extending, revoking certificates of eligibility for operation in safety and hygiene training; recognizing medical facilities eligible to issue professional certificates in occupational health shall be implemented in accordance with the provisions of Article 27 of Decree No. 44/2016/ND-CP.

2. The General Department of Technology shall coordinate with competent agencies to organize the issuance, reissuing, extension, and revocation of certificates of eligibility for operation in safety and hygiene training Categories B and C for agencies and units in accordance with the provisions of Clause 1 of this Article.

3. The Military Hospital Department/Military Region shall coordinate with competent agencies to organize the issuance, reissuing, extension, and revocation of professional certificates in occupational health for units and facilities that meet the conditions to issue such certificates in accordance with the provisions of Clause 1 of this Article.

4. The documents and procedures for issuing new, reissuing, and extending certificates of eligibility for operation in safety and hygiene training for training units, and recognizing medical facilities eligible to issue professional certificates in occupational health shall be implemented in accordance with the provisions of Clauses 1, 2, and 3 of Article 26 of Decree No. 44/2016/ND-CP.

5. Procedure for Issuing New, Reissuing, and Extending Certificates of Eligibility for Operation:

Units requiring new issuance, reissuance, or extension of certificates of eligibility for operation shall prepare one set of documents and submit them to the competent authority as stipulated in Clause 2 of this Article. For safety and hygiene training activities, the documents should be submitted to the General Department of Technology; for occupational health training activities, the documents should be submitted to the Military Hospital Department under the Ministry of Defense for review and issuance of the certificate of eligibility for operation.

For renewal applications, training units must submit the documents to the competent authority no later than thirty days before the expiration date specified in the certificate.

Within thirty days from the date of receiving complete and valid documents, the competent authority must conduct a review and issue the certificate of eligibility for operation. If the certificate is not issued, a written notification must be provided to the requesting organization, specifying the reasons.

6. Procedure for Announcing Medical Facilities Eligible to Issue Professional Certificates in Occupational Health:

Before conducting training to issue professional certificates in occupational health, medical facilities must submit a request for announcement of eligibility to train and issue such certificates to the Military Hospital Department. The request includes documents prepared in accordance with Clause 4 of this Article.

Within thirty days from the date of receiving complete documents, the Military Hospital Department will review and issue a decision announcing the facility's eligibility to train and issue professional certificates in occupational health. If the conditions for training are not met, a written response will be provided, specifying the reasons.

7. Self-training Units for Safety and Hygiene at Work

a) Commanders of units at the brigade level and equivalent are responsible for organizing training and bearing responsibility for the quality of training, issuing safety cards to trained personnel in Group 3 in accordance with the law, and recording the training results of personnel in Group 4 in the unit's training record book in the form of training.

b) Procedure for Reviewing and Evaluating the Operating Conditions of Self-training Units for Safety and Hygiene at Work:

Units wishing to self-organize safety and hygiene training shall prepare one set of documents proving their eligibility to operate in accordance with Clause 4 of this Article and submit them to the competent authority as stipulated.

Within thirty days from the date of receiving complete and valid documents, the competent authority shall review and notify the unit of any unmet conditions as required by regulations.

After thirty days, if the competent authority does not notify the unit of insufficient operating conditions for training, the unit may conduct self-training within the scope requested.

Five years after being evaluated as eligible for self-training, the unit must submit documents to the competent authority for re-evaluation of its operating conditions if it wishes to continue self-training.

8. Sample, Terms for Issuing, Reissuing, and Extending Certificates of Eligibility for Operation in Safety and Hygiene Training:

a) The certificate of eligibility for operation in safety and hygiene training issued by the General Department of Technology shall follow Model No. 01 of Appendix VIII attached to this Circular; the certificate of eligibility for operation issued by the Technical Service or the Safety and Labor Protection Management Agency of subordinate units under the Ministry of Defense shall follow Model No. 02 of Appendix VIII attached to this Circular.

b) The validity period of the Certificate of Qualification for Safety and Occupational Health Training is five years for new issuance or renewal. In case of reissuance, the validity period shall be the remaining time of the previously issued Certificate of Qualification for Safety and Occupational Health Training.

9. Revocation of the Certificate of Qualification for Safety and Occupational Health Training: When the training unit or organization violates the provisions of this Circular during the training process.

Article 12. Hierarchical Organization of Safety and Occupational Health Training

1. Main units under the Ministry of National Defense:

a) Commanders of units under the Ministry of National Defense organize training and issue Training Certificates to Groups 1, 2, and 5 of their subordinate units.

b) The Technical Department or the agency managing safety and labor protection work of units under the Ministry of National Defense organize training and issue Training Certificates to the remaining subjects in Groups 1, 2, 5, and 6 of grassroots units up to battalion level and equivalent.

c) The Medical Service Department takes the lead in coordinating with relevant agencies to organize training and issue Professional Certification Certificates on occupational health for Group 5 subjects.

2. Commanders of units at battalion level and above organize training and issue Safety Cards to trained subjects in Group 3, record the training results of subjects in Group 4 in the Unit Training Monitoring Book.

3. The General Department of Technology periodically organizes nationwide training sessions: Updating and disseminating the system of policies, laws, and regulatory documents of the Ministry of National Defense on safety and occupational health. Content of professional work and basic knowledge on safety and occupational health. Training and updating comprehensive knowledge on machinery, equipment, materials, and substances that generate hazardous factors; methods of analyzing, assessing, and managing risks related to machinery, equipment, materials, and work requiring strict safety and occupational health standards.

4. The Military Medical Department/Ministry of National Defense periodically organizes nationwide training sessions: Updating and disseminating the system of policies, laws, and regulatory documents of the Ministry of National Defense related to occupational health work. Content of professional work and basic knowledge on occupational health. Training to update knowledge on monitoring and evaluating the working environment; knowledge, skills, and methods for building plans, schemes, equipping means, and conditions to carry out occupational health work. Methods of communication and education on occupational health, prevention of occupational diseases. Working environments, common occupational diseases, and preventive measures; organizing examinations to detect and assess occupational diseases; first aid and emergency response skills; management of information on occupational health and occupational diseases at workplaces; management of workers' health records and health records of those suffering from occupational diseases.

Article 13. Rights and Funding for Organizing Training

1. Time spent by subjects participating in training as stipulated in Article 2 of this Circular shall be counted as working hours and they shall enjoy full salary and other benefits according to state and military regulations; for training subjects who are contractual workers, apprentices, trainees, or probationary employees, the rights during the safety and occupational health training period shall be implemented according to the agreed contracts.

2. Funding for organizing training, printing Training Certificates, Safety Cards, and Professional Certification Certificates on occupational health of budgeted units shall be drawn from regular business budgets; for accounting and trading units, such costs shall be included in product costs or circulation fees.

3. Unit commanders or enterprises (employers) shall be supported with training funding for safety and occupational health when complying with legal regulations on work injury insurance, occupational disease insurance, safety and occupational health training, and workers participating in training have paid work injury insurance and occupational disease insurance as prescribed.

Chapter IV

RESPONSIBILITIES OF THE AGENCIES AND UNITS

Article 14. Responsibilities of the General Department of Technical Services

1. To disseminate, guide, manage, and direct all units in the entire military force to implement this Circular.

2. To inspect, check, and supervise safety and occupational health training throughout the military; identify and propose handling of violations of regulations.

3. To take the lead in coordinating with the Social Insurance Agency under the Ministry of National Defense to provide detailed guidance on the procedures for processing funding support for safety and occupational health training for all units in the military.

4. To take the lead in coordinating with functional agencies of the Ministry of National Defense to resolve complaints and denunciations related to safety and occupational health training.

5. To regularly review, summarize, and compile reports on the situation of safety and occupational health training to report to the Head of the Ministry of National Defense.

Article 15. Responsibilities of the Training Department/General Staff Department

1. Coordinate with the Technical General Department to unify the content, form, and time for safety and labor hygiene training for the subjects specified in Article 2 of this Circular within units that are on standby for combat readiness.

2. Review regulations concerning combat readiness training, compile and supplement missing contents regarding safety and labor hygiene work, and report to the Chief of General Staff of the Vietnam People's Army for guidance to implement uniformly throughout the military.

Article 16. Responsibilities of Commanders of Units under the Ministry of National Defense

1. Organize the dissemination and implementation of this Circular to subordinate grassroots units.

2. Organize training; direct technical services, medical services, functional agencies, and commanders of subordinate units to organize safety and labor hygiene training as stipulated in Article 12 of this Circular.

3. Direct the Finance Department to prepare budgets, expenditures, and settle accounts for support funds for safety and labor hygiene.

4. Organize inspections and supervision of safety and labor hygiene training at subordinate units.

5. Summarize and report every six months and annually to the Ministry of National Defense (through the Technical General Department) on the situation and results of safety and labor hygiene training.

Article 17. Responsibilities of Grassroots Units

1. Annually, units from battalion level or equivalent, enterprises, and public service units must develop plans for safety and labor hygiene training for the subjects specified in Article 3 and organize such training according to Clause 2 of Article 12 of this Circular. The plan must clearly define the content, quantity of each type of subject to be trained, instructors, materials, organization time, budget, and facilities for training.

2. Maintain records of safety and labor hygiene training according to the model prescribed in Appendix VI of this Circular. Records, training materials, and test papers must be kept at the unit and presented upon request.

3. Units from battalion level or equivalent, enterprises, and public service units under the same management entity of the Ministry of National Defense with similar functions, tasks, or nature of tasks requiring safety and labor hygiene can cooperate among themselves or with other agencies and units in the area that have qualified trainers for each specified content in Article 7, or units holding Certificates of Qualification for Safety and Labor Hygiene Training as stipulated in Article 11 of this Circular to train their respective groups of subjects.

4. In cases where units reinforce forces from other units to perform tasks, the reinforced unit must clearly define responsibilities for the commander of the reinforcing unit in organizing safety and labor hygiene training, while also closely monitoring the implementation and bearing responsibility for ensuring safety and labor hygiene for the reinforcing forces.

5. In cases where outsiders come to inspect, tour, or intern at the unit, the unit commander shall be responsible for training and guiding these individuals based on the requirements of safety and labor hygiene. After training and guidance, those who have been trained and guided must sign in the record of safety and labor hygiene training of the unit.

6. Annually, units from battalion level or equivalent, enterprises, and public service units (according to the management hierarchy) must report lists of personnel engaged in jobs with strict safety and labor hygiene requirements and the status of safety and labor hygiene training to the superior unit under the Ministry of National Defense (through the Training Department or the safety and labor hygiene management agency).

7. Units from battalion level or equivalent must prepare budgets, expenditures, and settle accounts for support funds for safety and labor hygiene training as prescribed.

Chapter V

IMPLEMENTING PROVISIONS

Article 18. Transitional Provisions

Certificates and Certificates of Safety and Labor Hygiene Training issued according to Circular No. 143/2014/TT-BQP dated October 22, 2014, before the effective date of this Circular remain valid for use within the period indicated on the Certificate or Certificate of Safety and Labor Hygiene Training.

Article 19. Effective Date

This Circular takes effect from February 20, 2017, and replaces Circular No. 143/2014/TT-BQP dated October 22, 2014, of the Minister of National Defense on safety and labor hygiene training in the Military.

Article 20. Responsibility for Implementation

1. The Director of the Technical General Department, Heads of related agencies and units are responsible for implementing this Circular.

2. During the implementation process, in case of any difficulties, agencies, units, organizations, and individuals are requested to promptly reflect them to the Ministry of National Defense (through the Technical General Department) for consideration and resolution./.