Circular No. 16/2017/TT-BLDTBXH detailing certain contents regarding technical safety inspection activities for machinery, equipment, and materials with strict requirements for labor safety

CIRCULAR

Detailed regulations on certain aspects of technical safety inspection activities
for machinery, equipment, and materials with strict requirements for labor safety
strict regarding labor safety

-----------------------

Pursuant to Decree No. 39/2016/NĐ-CP dated May 15, 2016 of the Government detailing the implementation of certain provisions of the Labor Safety Law;

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

Pursuant to Decree No. 44/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Labor Safety and Health Law regarding technical safety inspection activities, occupational safety and health training, and workplace environmental monitoring;

At the proposal of the Director of the Department of Occupational Safety and Health,

The Minister of Labor - Invalids and Social Affairs promulgates this Circular detailing certain aspects of technical safety inspection activities for machinery, equipment, and materials with strict requirements for labor safety.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates certain management measures and implementation of technical safety inspection activities; forms, contents, programs, and organization of occupational safety and health training, professional development, and examination for inspectors of machinery, equipment, and materials with strict requirements for labor safety under the jurisdiction of the Ministry of Labor - Invalids and Social Affairs; application of information technology in technical safety inspection activities.

Article 2. Applicability

1. Organizations conducting technical safety inspection activities;

2. Inspectors performing inspections of machinery, equipment, and materials with strict requirements for labor safety within the jurisdiction of the Ministry of Labor - Invalids and Social Affairs;

3. Organizations and individuals using machinery, equipment, and materials with strict requirements for labor safety;

4. Other organizations and individuals related to technical safety inspection activities; organizations and individuals providing occupational safety and health training, professional development, and examination for inspectors of machinery, equipment, and materials with strict requirements for labor safety under the jurisdiction of the Ministry of Labor - Invalids and Social Affairs.

Article 3. Management of technical safety inspection activities

The Ministry of Labor - Invalids and Social Affairs designates the General Directorate of Occupational Safety and Health as the lead agency responsible for managing technical safety inspection activities (hereinafter referred to as the lead agency).

Chapter II

TRAINING, PROFESSIONAL DEVELOPMENT, AND EXAMINATION FOR TECHNICAL SAFETY INSPECTION

LABOR SAFETY FOR MACHINERY, EQUIPMENT, AND MATERIALS WITH

STRICT REQUIREMENTS FOR LABOR SAFETY UNDER THE AUTHORITY

OF THE MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS

Article 4. Training and professional development for technical safety inspection activities

1. Training for technical safety inspection activities shall be conducted for individuals who have graduated from a bachelor's degree in engineering and have not been issued an inspector certificate or whose inspector certificate has been revoked.

2. Professional development for technical safety inspection activities shall be conducted for individuals who are inspectors. Inspectors must participate in a professional development course for technical safety inspection activities at least once every 36 months.

Article 5. Content and program of training and professional development for technical safety inspection activities

1. The content of training for technical safety inspection activities includes:

a) General theory: Legal regulatory documents on inspection activities; risk assessment methods for machinery and equipment with strict requirements for labor safety; guidance on using measuring instruments and tools for inspection work;

b) Professional theory: Principles of construction and operation of equipment; national technical standards; inspection procedures for technical safety inspection activities for each inspection object;

c) Practical exercises: Inspection of equipment according to inspection procedures; use of measurement devices; checking tools for inspection work.

2. The content of professional development for technical safety inspection activities includes: Updating legal regulatory documents related to inspection activities; national technical standards; inspection procedures; state management information on technical safety inspection activities nationwide.

3. The framework program for training and professional development for technical safety inspection activities is specified in Appendix I attached to this Circular.

Article 6. Establishing Plans and Selecting Units to Organize Training and Professional Development for Occupational Safety and Health Technical Inspection

1. The lead agency shall be responsible for organizing training and professional development for occupational safety and health technical inspection; selecting units to carry out such training and development; supervising and inspecting the activities of training and professional development for occupational safety and health technical inspection; recognizing the results of examination and training and professional development for occupational safety and health technical inspection.

2. The selected unit to carry out training and professional development for occupational safety and health technical inspection must meet the following requirements:

a) It must be a training organization for occupational safety and hygiene that has been issued a Certificate of Qualification for Operation which remains valid;

b) It must have established a plan to organize the training and professional development course for occupational safety and health technical inspection that meets the requirements stipulated in Clause 3 of this Article;

c) It must fulfill the responsibilities of the unit implementing training and professional development for occupational safety and health technical inspection as prescribed in Article 11 of this Circular.

3. The plan to organize the training and professional development course for occupational safety and health technical inspection includes the following contents:

a) The expected time and location for organizing the training and professional development course for occupational safety and health technical inspection;

b) Expected number of trainees participating;

c) The program and content of training and professional development;

d) A list of lecturers participating in the training and professional development for occupational safety and health technical inspection (accompanied by scientific curriculum vitae);

đ) A plan to organize examinations and propose members to participate in the Examination Board according to the content and program of training and professional development for occupational safety and health technical inspection as specified in Appendix I attached to this Circular;

e) Training materials, textbooks, and examination question banks that are appropriate to the content and program of training and professional development for occupational safety and health technical inspection as stipulated in Appendix I attached to this Circular.

Article 7. Examination Board for Professional Development in Occupational Safety and Health Technical Inspection

1. The head of the lead agency decides to establish the Examination Board for Professional Development in Occupational Safety and Health Technical Inspection.

2. The Examination Board for Professional Development in Occupational Safety and Health Technical Inspection must have at least five members representing the lead agency and the unit assigned the task of organizing the training course, with the Chairman being a leader from the lead agency.

3. The Examination Board for Professional Development in Occupational Safety and Health Technical Inspection is responsible for organizing and conducting the examination for the training and professional development course for occupational safety and health technical inspection.

4. The Examination Board for Professional Development in Occupational Safety and Health Technical Inspection has the following tasks:

a) Approving the list of trainees who meet the examination conditions as stipulated in Clause 1 of Article 9 of this Circular;

b) Building and adjusting examination questions suitable for the participants of the training and professional development course for occupational safety and health technical inspection;

c) Forming the Examination Team;

d) Summarizing the examination results and reporting to the head of the lead agency to decide on the recognition of the examination results. The report on the examination results of the training and professional development course for occupational safety and health technical inspection is specified in Appendix II attached to this Circular;

đ) Summarizing opinions on the organization, program, and procedures, and reporting to the head of the lead agency to handle incidents occurring during the examination process.

Article 8. Examination Committee for Technical Safety Training and Professional Development

1. The examination committee shall have at least two members to examine theoretical knowledge and three members to examine practical skills, including experts with at least five years of experience in design, manufacture, operation, inspection, certification of machinery, equipment, and materials with strict safety requirements for labor; representatives from state management agencies on labor safety.

2. The examination committee shall perform the following tasks:

a) Asking questions, scoring, and compiling and reporting examination results to the Examination Board for Technical Safety Inspection Training.

b) Advising the Examination Board for Technical Safety Inspection Training to promptly adjust any errors in the examination questions.

Article 9. Examination for Technical Safety Inspection Training

1. Trainees may participate in the examination if they attend at least 80% of the training program's duration.

2. Forms and contents of the examination for technical safety inspection training courses

a) Theoretical examination: Trainees answer questions on paper in a multiple-choice format. The content includes general theory and subject-specific theory corresponding to the registered course content.

b) Practical examination: Trainees conduct direct inspection practice on inspection objects or through simulation software according to the inspection procedures and processing of inspection results for each registered inspection object.

3. For professional development courses in technical safety inspection, trainees answer questions on paper in a multiple-choice format.

4. Trainees participating in technical safety inspection training courses may retake the theoretical and practical examinations if they fail to meet the required standards in the first attempt. The time and location for the retake will be decided by the Examination Board. Trainees who fail the second attempt must retake the relevant training course content.

Article 10. Recognition of Examination Results for Technical Safety Inspection Training

1. The head of the main agency decides to recognize the examination results based on the recommendation of the Chairman of the Examination Board for Technical Safety Inspection Training.

2. A trainee passes the technical safety inspection training examination when both the theoretical and practical examination results under the training program reach 70 points or higher (on a scale of 100).

3. The organization conducting the technical safety inspection training and professional development course issues a Certificate of Completion of Technical Safety Inspection Training to trainees who pass the examination. The model of the Certificate of Completion of Technical Safety Inspection Training is specified in Appendix III issued together with this Circular.

Article 11. Responsibilities of Units Implementing Technical Safety Inspection Training and Professional Development

1. Publicize training and development fees and bear responsibility for compensating training and development costs for trainees in cases where the unit fails to implement training in accordance with this Circular.

2. During the implementation of technical safety inspection training and professional development, the training and development units must comply with the approved plan. In case of any changes to the plan, timely notification to the main agency for review and decision is required.

3. Adhere to the training, development, and examination regulations for technical safety inspection training issued by the main agency.

4. Prepare sufficient facilities and personnel, ensuring security and safety throughout the theoretical and practical examination processes.

5. Store related training and development records and documents in compliance with legal provisions.

Chapter III

SOME MANAGEMENT AND IMPLEMENTATION MEASURES FOR TECHNICAL SAFETY INSPECTION ACTIVITIES

LABOR SAFETY TECHNOLOGY

Article 12. Certain management measures and implementation of technical safety inspection activities for labor

1. Ministries shall report on the operation of technical safety inspections for machines, equipment, and materials with strict requirements for labor safety according to the model set forth in Appendix IV attached hereto, or through electronic data - within the software database for technical safety inspections for labor, pursuant to their respective authorities as stipulated in Clause 7, Article 42 of Decree No. 44/2016/NĐ-CP.

2. Organizations and individuals using machines, equipment, and materials with strict requirements for labor safety must verify information and select organizations conducting technical safety inspections for labor that meet the necessary conditions to carry out inspections; they must check the inspector's identification card or certification to ensure that the inspector has the appropriate capability to perform inspections.

3. In addition to the provisions of Article 15 and Article 44 of Decree No. 44/2016/NĐ-CP, organizations conducting technical safety inspections for labor have the responsibility to:

a) Affix inspection labels or display inspection information on inspected objects that meet the requirements at visible and readable locations. Inspection labels may be enlarged or reduced in size appropriately based on the dimensions of the inspected object but must ensure that the parameters recorded on the label are clearly visible by the naked eye and will not become blurred or peel off during use.

b) Enter into contracts with inspectors to conduct technical safety inspections for labor; issue technical safety inspection inspector identification cards to inspectors working at the organization. The model of the inspector identification card is specified in Appendix V attached hereto.

4. Contents of applying information technology in managing technical safety inspection activities for labor:

a) Public services in the field of technical safety inspections for labor;

b) Development of software for managing technical safety inspection databases;

c) Reporting inspection results for machines, equipment, and materials with strict requirements for labor safety through electronic data;

d) Announcing information about organizations meeting the conditions for conducting technical safety inspections for labor.

Article 13. Development of software for managing technical safety inspection databases for labor

1. The lead agency is responsible for developing, updating, and managing the software for the technical safety inspection database for labor. It shall provide guidance and supply data to local Departments of Labor, Invalids, and Social Affairs to manage technical safety inspection activities for labor in their respective areas.

2. From the date the technical safety inspection database software officially commences operations, organizations conducting technical safety inspections for labor shall be responsible for using the software in their organizational activities to facilitate the updating of the technical safety inspection database.

Article 14. Announcement of Information About Organizations Meeting Conditions for Conducting Technical Safety Inspections for Labor

The lead agency is responsible for announcing organizations meeting the conditions for conducting technical safety inspections for labor; organizations conducting technical safety inspections for labor that have been suspended or had their certificates revoked; and lists of technical safety inspection inspectors on the electronic information website of the Department of Labor Safety (http://antoanlaodong.gov.vn).

Article 15. Online public services in the field of technical safety inspection for labor under the management authority of the Ministry of Labor, Invalids and Social Affairs

1. The lead agency shall be responsible for building and uniformly managing the software for online public services to issue, reissue, and extend the Certificate of Qualification for Technical Safety Inspection for Labor; to issue, reissue the Inspector Certificate and other related online public services.

2. Organizations and individuals may choose to submit application files for issuing, reissuing, and extending the Certificate of Qualification for Technical Safety Inspection for Labor; issuing, reissuing the Inspector Certificate through electronic means. The lead agency shall be responsible for establishing procedures to process and handle applications submitted via the online public service software.

Chapter IV

IMPLEMENTATION ORGANIZATIONS

Article 16. Responsibilities of the Department of Labor, Invalids and Social Affairs

1. Coordinate with relevant agencies to disseminate and guide users of inspected objects and inspection organizations operating within their jurisdiction to implement this Circular.

2. Receive declaration materials from organizations and individuals within their management area regarding the use of inspected objects. Issue a declaration confirmation certificate according to the model prescribed in Appendix VI attached to this Circular to the declarant within five days from the date of receiving complete declaration forms and copies of the Inspection Result Certificate of equipment.

3. Inspect and supervise the activities of technical safety inspection for labor including the activities of organizations providing technical safety inspection services located within their jurisdiction.

4. Implement administrative penalties, propose competent authorities to revoke the Certificate of Qualification for Technical Safety Inspection for Labor, revoke the Inspector Certificate in cases stipulated in Article 8 and Article 14 of Decree No. 44/2016/NĐ-CP.

5. Notify the lead agency when implementing penalties, suspending operations, or revoking the Certificate of Qualification for Technical Safety Inspection for Labor of inspection organizations.

6. Summarize and report to the lead agency on the situation of declarations and inspections of machines, equipment, and materials with strict requirements for labor safety within their jurisdiction annually before January 5 of the following year or upon request.

Article 17. Responsibilities of the General Directorate of Occupational Safety and Health, Ministry of Labor, Invalids and Social Affairs

1. Develop, promulgate, and apply regulations on training, upgrading, and assessing technical inspection skills for labor safety.

2. Regularly and periodically inspect, supervise, and conduct spot checks on the activities of technical safety inspection for labor including the activities of organizations providing technical safety inspection services within their jurisdiction.

3. Annually summarize and report to the Minister of Labor, Invalids and Social Affairs before January 15 of the following year on the situation of technical safety inspections for labor nationwide.

Article 18. Effective Date

1. This Circular takes effect from August 22, 2017.

2. During the implementation of this Circular, if there are difficulties, individuals and organizations are requested to reflect them to the Ministry of Labor, Invalids and Social Affairs for research and resolution./.