Circular No. 19/2017/TT-BLDTBXH detailing and guiding the implementation of occupational safety and health training activities

CIRCULAR

Providing detailed regulations on guiding conducting training activities

occupational safety and health

Pursuant to the Law Occupational Safety and Health No. 84/2015/QH13 datedy 25 2015;

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 some provisions of the Law on Occupational Safety and Health regarding technical safety inspection activities, occupational safety and health training activities, and labor environment monitoring;

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

The Minister of Labor, Invalids and Social Affairs issues this Circular providing detailed regulations and guidance on conducting occupational safety and health training activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed regulations and guidance on confirming the time workers have worked or completed occupational safety and health training tasks; training and professional development for occupational safety and health trainers; updating information, policies, laws, science, and technology related to occupational safety and health; managing and implementing occupational safety and health training activities; supporting training for workers in areas without employment contracts when performing jobs with strict requirements for occupational safety and health.

Article 2. Applicability

1. Employers and employees as provided for in Article 2 of the Labor Safety and Health Law.

2. Occupational safety and health trainers.

3. Public service units, enterprises, and other organizations related to occupational safety and health training activities.

Article 3. Determining the time spent working or completing occupational safety and health training tasks1. For individuals who are civil servants, public officials, employees, or members of armed forces, the total time spent working or completing occupational safety and health training tasks shall be based on confirmation from the last managing authority of their personnel files and resumes.

2. For individuals who have worked or completed occupational safety and health training tasks at public service units, enterprises, or other organizations, confirmation shall be based on the relevant units where they worked, accompanied by copies of labor contracts, probationary contracts, or other legal documents to prove.

3. For individuals who have worked at multiple agencies, organizations, or enterprises with a total time spent working or completing occupational safety and health training tasks, confirmation shall be based on the relevant units where they worked, accompanied by copies of related documents as prescribed, including: resumes of civil servants, public officials, employees, labor contracts, internship contracts, probationary contracts, social insurance books, or other legal documents to prove.

TRAINING ACTIVITIES ON SPECIALIZATION AND PROFESSIONAL SKILLS

PART II

FOR TRAINERS AND UPDATING KNOWLEDGE ON OCCUPATIONAL SAFETY AND HEALTH

Article 4. Standards for trainers in specialization and professional skills in occupational safety and health training

Trainers must meet the following standards:

a) Meeting the trainer standards as stipulated in Article 22 of Decree No. 44/2016/NĐ-CP;

b) Having at least ten years of experience in policy-making, law-making, management, inspection, research, or training in occupational safety and health at public service units or enterprises.

b) Having at least 10 years of experience in policy and law development, management, inspection, supervision, research, training on occupational safety and health, or having at least 10 years of experience in occupational safety and health training at public institutions or enterprises.

Article 5. Organizations participating in training and professional development activities for occupational safety and health trainers shall ensure the following criteria:

The organization ensures the following criteria:

1. Possess a Certificate of Qualification for Service Training Activities issued with a valid Training Certificate, or a Certificate of Qualification for Training Activities Category C as prescribed in Decree No. 44/2016/NĐ-CP.

2. Professional and vocational training materials according to the framework training program issued together with this Circular.

2. Have specialized and vocational training materials according to the framework training program issued together with this Circular.

Article 6. Content of professional and vocational training for occupational safety and health trainers

3. Ensure the number of trainers for specialized and vocational training content meets the requirements of the framework training program issued together with this Circular.

a) Vocational training content on occupational safety and health includes:

Article 6. Content of training and professional development for occupational safety and health trainers

b) Skill training content for occupational safety and health trainers includes:

1. In cases where the trainer conducts training for organizations qualified for training activities or enterprises qualified for self-training:

c) Compulsory topic training content includes:

a) Vocational training content on occupational safety and health includes:

Policies and laws on occupational safety and health; methods of risk analysis, assessment, and control, and emergency response plan development; establishment of occupational safety and health management systems; safe production and business culture; inspection work procedures; accident investigation procedures; inspection, certification, and occupational safety and health training work procedures.

d) Training duration: The total training time is 80 hours for the training content specified in points a, b, and c of this clause, excluding examination time. For other specialized training contents as stipulated in point d of this clause, the training time must be at least 4 hours for each topic.

b) Skill training content for occupational safety and health trainers includes:

Lecture preparation skills; presentation skills; consultation, guidance, information dissemination, and promotion skills regarding occupational safety and health; course organization skills; utilization skills of various training support tools.

b) Skill training content: Lecture preparation skills; presentation skills; consulting, guidance, information dissemination, and propaganda skills on occupational safety and health; course organization skills; skills in using various training support tools.

c) Compulsory topic training content includes:

Occupational safety and health in electrical equipment manufacturing, installation, operation, and maintenance; occupational safety and health in chemical operations; occupational safety and health in construction or mineral extraction activities; occupational safety and health related to the production, maintenance, repair, and operation of machinery and equipment with strict safety and health requirements.

Article 7. Forms of training and professional development on occupational safety and health training

Direct, concentrated training must ensure regular interaction between trainers and trainees.

Article 8. Examination of professional knowledge and skills for occupational safety and health trainers

1. Establish an examination board consisting of at least five members, including representatives from the Department of Occupational Safety and Health, professional associations on occupational safety and health, experts, and scientists specializing in occupational safety and health in fields such as lawmaking, occupational safety and health in production, installation, operation, and repair of electrical equipment, occupational safety and health in chemical activities, occupational safety and health in construction or mining activities, and occupational safety and health related to the production, maintenance, repair, and operation of machinery and equipment with strict requirements for occupational safety and health.

2. The examination content includes two parts as follows:

a) Theoretical examination: Trainees complete a centralized test within ninety minutes. For trainees participating in specialized and vocational training groups 4 and practical training, the centralized test time is forty-five minutes.

b) Skill examination: Trainees select one topic, prepare a lecture according to the prescribed framework program, and present it before the examination board within thirty minutes per trainee. For trainees participating in specialized and vocational training groups 4 and practical training, the presentation time does not exceed twenty minutes per trainee.

3. Evaluation of examination results: The examination result is the total score of the theoretical and skill examination sections. The maximum score for each section is one hundred points. Trainees must achieve at least fifty points in each section to be considered qualified.

Article 9. Updating information and knowledge for occupational safety and health trainers.

Training organizations shall organize updating knowledge, information, policies, laws, science, and technology on occupational safety and health for occupational safety and health trainers in accordance with Article 5 of this Circular.

Chapter III

SUPPORT FOR TRAINING COSTS FOR WORKERS

WORKING WITHOUT A LABOR CONTRACT

Article 10. Surveying the need for training cost support and preparing budget estimates

1. Annually, the Department of Occupational Safety and Health conducts surveys in key areas across the country where many workers are engaged in work without labor contracts that have strict requirements for occupational safety and health; focusing on areas with high risks of workplace accidents, occupational diseases, and potential negative impacts on many workers and communities to develop plans and budget estimates for organizing model training classes to be submitted to the Ministry of Labor, Invalids, and Social Affairs for approval before sending to the Ministry of Finance for consolidation and submission to the competent authority for allocation of support funds in the state budget estimate.

2. Annually, the Departments of Labor, Invalids, and Social Affairs of provinces and centrally-administered cities conduct surveys in craft villages, cooperatives, and production groups in their localities where many workers are engaged in work without labor contracts that have strict requirements for occupational safety and health; compile the need for training support and develop plans and budget estimates for training support to submit to the financial authorities at the same level for submission to the competent authority for allocation of support funds in the state budget estimate.

3. Annually, the Labor, Invalids, and Social Affairs Offices conduct surveys among households and self-employed workers engaged in work with strict requirements for occupational safety and health under their management; compile the need for training support and develop plans and budget estimates for training support to submit to the financial authorities at the same level for submission to the competent authority for allocation of support funds in the state budget estimate.

4. Labor, Invalids, and Social Affairs agencies as stipulated in Clause 1, Clause 2, and Clause 3 of this Article shall select public service organizations that meet the conditions for training activities to provide public service training on occupational safety and health through assignment, ordering, or bidding in accordance with Clause 2 of Article 11 of Decree No. 16/2015/NĐ-CP dated February 14, 2015 of the Government on the mechanism of autonomy for public service units and Decision No. 1508/QĐ-TTg dated July 27, 2016 of the Prime Minister promulgating the list of public services using state budget funds under the management of the Ministry of Labor, Invalids, and Social Affairs.

Article 11. Procedure for Implementing Training Cost Support

1. Direct support to workers

a) Workers eligible for support submit a Request for Training Cost Support Form No. 01 Appendix II, issued together with this Circular, to the Department of Labor - Invalids and Social Affairs, along with the invoice from the training organization and a copy of the safety card already issued to be eligible for training cost support.

b) The Department of Labor - Invalids and Social Affairs shall pay the training support costs to the worker within 14 working days from the date of receipt of all valid documents.

2. Training cost support through Training Organizations

The training organization submits a Request for Training Cost Support Form (specifying the name and account number to receive support) Form No. 02 Appendix II, issued together with this Circular, to the labor authority as stipulated in Clause 4, Article 10 of this Circular, accompanied by documents proving the organization of the training course as follows:

a) The Request for Training Cost Support Form of workers eligible for support Form No. 01 Appendix II, issued together with this Circular;

b) Budget for organizing the training course Form No. 03 Appendix II, issued together with this Circular;

c) List of trainers Form No. 04 Appendix II, issued together with this Circular, accompanied by copies of documents proving the qualifications of the trainers;

d) List of participants in the training course Form No. 05 Appendix II, issued together with this Circular;

đ) Decision on issuing the safety card Form No. 06 Appendix II, issued together with this Circular, accompanied by a list of those who received the card;

e) Training Contract Form No. 07 Appendix II, issued together with this Circular;

g) Minutes of the Termination of the Training Contract Form No. 08 Appendix II, issued together with this Circular;

h) Relevant expense vouchers related to training (for verification, the training organization directly retains them according to current regulations).

Chapter IV

IMPLEMENTATION

Article 12. Responsibilities of the Occupational Safety and Health Inspection Agency

1. Organize inspections and notify training organizations that meet the criteria for participating in professional and vocational training activities for occupational safety and health trainers.

2. Select examination venues to ensure convenience for participants and inform registered training organizations about the time and location of examinations.

3. Decide to establish examination boards as provided for in Clause 1, Article 8 of this Circular. Based on examination results, issue certificates to those who meet the occupational safety and health training standards and retain examination records in accordance with the law.

4. Take the lead and coordinate with occupational safety and health professional associations, research institutions on occupational safety and health to organize refresher courses to update knowledge, information, policies, laws, science, and technology on occupational safety and health for heads of occupational safety and health training organizations and evaluate and rank occupational safety and health training organizations to encourage improvement in the quality of occupational safety and health training.

5. Organize guidance, inspection, supervision of professional and vocational training activities on occupational safety and health and refresher courses to update knowledge on occupational safety and health in accordance with the law.

6. Organize information dissemination, guidance, inspection, and supervision of localities regarding support for training for workers in areas without employment contracts.

7. Develop and uniformly manage online public service software for issuing, reissuing, and extending Certificates of Eligibility for Training Activities, and notify about self-training conditions of enterprises; manage databases of training organizations, enterprises conducting self-training, organizations participating in training and professional development in occupational safety and health training.

8. Timely and fully provide information on the implementation of laws, inspection, and handling of violations of laws on occupational safety and health training on the website of the Occupational Safety and Health Inspection Agency.

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

1. Organize information dissemination, guidance, inspection, and supervision of the implementation of this Circular at the local level.

2. Notify the Occupational Safety and Health Inspection Agency of administrative violation handling and other forms of handling as prescribed by law on occupational safety and health training activities to promptly provide information on the website of the Occupational Safety and Health Inspection Agency.

3. Summarize and report to the Ministry of Labor - Invalids and Social Affairs (through the Occupational Safety and Health Inspection Agency) on occupational safety and health training activities in the locality when requested.

 Article 14. Responsibilities of Training Organizations Participating in Training and Capacity Building Activities on Professional Safety and Labor Hygiene Skills

1. Fully implement the content and training program according to the framework training program stipulated in this Circular and ensure sufficient personnel with adequate professional capacity and experience in safety and labor hygiene participate in the training.

2. Compile a list of trainees who meet the requirements after completing the training course, along with documentation proving the qualifications of the trainees as safety and labor hygiene trainers as prescribed in Article 22 of Decree No. 44/2016/NĐ-CP, and submit it to the Directorate of Occupational Safety and Health for consolidation and to plan centralized examinations.

3. Retain all relevant files and documents related to training and capacity building activities on professional skills for safety and labor hygiene trainers.

CHAPTER V

IMPLEMENTING PROVISIONS

Article 15. Effective date

This Circular takes effect from August 15, 2017.

During the implementation process, if there are any difficulties, please report to the Ministry of Labor, Invalids and Social Affairs for timely research and resolution./.