Circular No. 31/2018/TT-BLDTBXH detailing the activities of occupational safety and health training

CIRCULAR

Detailed regulations on occupational safety and health training activities

occupational safety and health

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 Labor Safety and Health Law on technical safety inspection activities, occupational safety and health training activities, and labor environment monitoring;

Pursuant to Decree No. 140/2018/NĐ-CP dated October 8, 2018 of the Government amending and supplementing certain decrees related to business investment conditions and administrative procedures under the management of the Ministry of Labor, Invalids and Social Affairs;and Labor.

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

The Minister of the Ministry of Science and Technology issues this Circular on the issuance of National Technical Regulations on Radioactive Waste Containing Naturally Occurring Radioactive Materials.The Minister of Labor, Invalids and Social Affairs issues this Circular detailing occupational safety and health training activities.

Article 1. Scope of Regulation

This Circular stipulates detailed measures for managing and implementing occupational safety and health training activities; responsibilities for managing and confirming the time employees have worked or trained in occupational safety and health; framework training programs for occupational safety and health trainers, exemptions from previously learned training content, organization of examinations and issuance of certificates; updating information, policies, laws, science, and technology on occupational safety and health for trainers and heads of training organizations.

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 trainer (hereinafter referred to as the trainer).

3. Enterprises organizing their own occupational safety and health training activities, and occupational safety and health training organizations as prescribed in Clause 7, Article 14 of the Labor Safety and Health Law (hereinafter referred to as the training organization).

4. Organizations and individuals related to occupational safety and health training activities.

Article 3. Management and examination, testing in occupational safety and health training

1. Participants in occupational safety and health training courses according to the mandatory training framework program specified in Appendix IV of Decree No. 44/2016/NĐ-CP dated May 15, 2016 of the Government detailing some provisions of the Labor Safety and Health Law on technical safety inspection activities, occupational safety and health training activities, and labor environment monitoring (hereinafter referred to as Decree No. 44/2016/NĐ-CP), Section IV of Appendix I of Decree No. 140/2018/NĐ-CP dated October 8, 2018 of the Government amending and supplementing certain decrees related to business investment conditions and administrative procedures under the management of the Ministry of Labor, Invalids and Social Affairs (hereinafter referred to as Decree No. 140/2018/NĐ-CP), and Appendix I of this Circular must attend at least 80% of the course duration to be eligible for examination and testing.

For mandatory training content that participants have already attended in other programs, they are exempted from repeating the training.

2. Examination and testing results for each theoretical and practical section are out of a maximum of 100 points. Trainees must score at least 50 points in each theoretical and practical section to pass the examination and testing. In cases where only theoretical examination and testing are required, the theoretical section must score at least 50 points.

Training course records and refresher courses on occupational safety and health must be retained by the training organization, including the training program (content, duration, location of training), and a list of trainees.

Article 4. Management of Trainers

1. The head of the training organization shall be responsible for ensuring that trainers of the training organization and trainers in training courses organized by the training organization meet the trainer standards as prescribed in Clause 7, Article 1 of Decree No. 140/2018/ND-CP.

2. When requested by competent state agencies, the training organization shall present documents (such as certificates, resumes, job assignment decisions or recruitment decisions, and other related papers) to prove that trainers meet the standards (professional qualifications, experience, or working time) as prescribed in Clause 7, Article 1 of Decree No. 140/2018/ND-CP.

3. Agencies, public institutions, enterprises, and organizations using laborers shall be responsible for providing files and papers confirming the time laborers have worked, performed safety and hygiene work, and received safety and hygiene training.

Article 5. Content and Duration of Training for Trainers

1. The initial training content for trainers includes:

a) Safety and hygiene training content as prescribed for safety and hygiene workers (Group 2) in Clause 2, Article 18 and the Group 2 Training Framework Program in Appendix IV of Decree No. 44/2016/ND-CP;

b) Training skills: Skills in preparing lectures; training methods; skills in consulting, guiding, informing, and promoting safety and hygiene; skills in using training support tools; skills in organizing training courses.

2. Duration of Training: The total training duration is 48 hours for the content prescribed in this clause, excluding examination time.

3. The training program shall be implemented according to the Training Framework Program in Appendix I of this Circular.

4. For trainers who have attended other safety and hygiene training courses as prescribed by law, they may be exempted from repeating the content already learned.

5. Trainers specified in point a, Clause 1, point a, Clause 2, and point a, Clause 3 of Article 22 of Decree No. 44/2016/ND-CP, as prescribed in Clause 7, Article 1 of Decree No. 140/2018/ND-CP, are not required to participate in safety and hygiene training courses for trainers.

6. The duration of refresher training courses to update knowledge, information, policies, laws, science, and technology on safety and hygiene for trainers must be at least 8 hours.

Article 6. Examination of Professional Knowledge and Issuance of Certificates for Trainers

1. The training organization for safety and hygiene trainers shall organize examinations, issue certificates upon completion of the training course for safety and hygiene trainers; no examination shall be conducted for regular refresher training courses for trainers as prescribed in Clause 7, Article 1 of Decree No. 140/2018/ND-CP.

2. The training organization shall establish an Examination Board with at least three members, who meet the trainer standards, understand laws, professional practices, technical expertise in safety and hygiene; among them, there must be at least one representative from the Labor Safety Bureau.

3. The examination content consists of two parts as follows:

a) Theoretical examination: Students complete a centralized test within 90 minutes;

b) Practical examination: Students select one topic, prepare a lecture according to the prescribed framework program, and present it before the examination board within 20 minutes per student;

c) Trainers who have completed the safety and hygiene worker training course will only need to participate in the practical examination as prescribed in point b of this clause if they pass the examination requirements.

4. Evaluation of Examination Results: The examination result is the sum of points from the theoretical and practical examination sections. Each section's maximum score is 100 points. The practical examination score is the average of multiple examiners' scores if multiple examiners grade. A student must achieve at least 50 points in each examination section to be considered qualified. A student as prescribed in point c, Clause 3 of this article is considered qualified when achieving at least 50 points in the practical examination.

5. Participants in the safety and hygiene trainer training course who meet the requirements as prescribed in Clause 4 of this Article shall be issued a certificate of completion of the safety and hygiene trainer training course according to the model prescribed in Appendix II of this Circular. Safety and hygiene trainers participating in regular refresher training courses shall be issued a certificate according to the model prescribed in Appendix III of this Circular.

Article 7. Guidelines for issuing Certificates of Qualification for Training Activities and Revoking Certificates of Qualification for Training Activities on Occupational Safety and Health

1. Guidelines for issuing Certificates of Qualification for Training Activities in cases of changing, supplementing, or amending the scope of training activities as follows:

a) In case a training organization submits an application to change, amend, or supplement the scope of training but does not change the category according to the classification of training organizations, the agency receiving the application shall issue a Certificate of Amendment and Supplement to the Training Activity within the existing category; the validity period of the Certificate of Qualification for Training Activities on Occupational Safety and Health (or the Certificate of Qualification for Training Services issued with a training certificate, or the Certificate of Qualification for Training Services issued with a training certificate previously granted and still valid) will be calculated based on the original Certificate's validity period.

Example 1: A training organization has been granted a Certificate of Qualification for Training Activities on Occupational Safety and Health Category B valid until August 18, 2022 (without Group 5); on January 5, 2020, the training organization submitted an application to issue a Certificate of Qualification for Training Activities on Occupational Safety and Health to supplement Group 5; the competent authority receiving the application shall issue a Certificate of Qualification for Training Activities on Occupational Safety and Health to supplement Group 5 if the organization meets the conditions; the Certificate of Qualification for Training Activities on Occupational Safety and Health to supplement Group 5 will be valid until August 18, 2022.

Example 2: A training organization has been granted a Certificate of Qualification for Training Services issued with a training certificate valid until May 5, 2020, according to Circular No. 27/2013/TT-BLDTBXH dated October 18, 2013, of the Minister of Labor, Invalids, and Social Affairs regarding training work on occupational safety and health (hereinafter referred to as Circular No. 27/2013/TT-BLDTBXH); on May 5, 2019, the training organization submitted an application to issue a Certificate of Qualification for Training Activities on Occupational Safety and Health to supplement Group 3 for direct production, use, storage, and transportation of hazardous and toxic chemicals according to the Global Harmonized System for Classification and Labeling of Chemicals; the competent authority receiving the application shall issue a supplementary Certificate of Qualification for Training Activities on Occupational Safety and Health for Group 3 for direct production, use, storage, and transportation of hazardous and toxic chemicals according to the Global Harmonized System for Classification and Labeling of Chemicals based on the validity period of the Certificate of Qualification for Training Services issued by the Department of Labor Safety with a validity date until May 5, 2020.

b) In case a training organization submits an application to change, amend, or supplement the scope of training activities but changes the category according to the classification of training organizations, the competent authority shall process it as a new issuance; the new Certificate of Qualification for Training Activities will replace the previously issued Certificate of Qualification for Training Activities; the validity period of the new Certificate of Qualification for Training Activities will be calculated from the date of issuance.

Example: A training organization has submitted an application to issue a Certificate of Qualification for Training Activities on Occupational Safety and Health Category C, supplementing the scope of activity in Group 2 after being granted a Certificate of Qualification for Training Activities Category B by the local Department of Labor, Invalids, and Social Affairs; the competent authority receiving the application shall process it as a new issuance if the conditions are met; the Certificate of Qualification for Training Activities Category C will replace the previously issued Certificate of Qualification for Training Activities Category B.

c) In case a training organization submits an application to extend the Certificate of Qualification for Training Activities on Occupational Safety and Health and there are changes in information such as amendments or supplements to the scope of training activities or changes in the name or address of the organization, the competent authority shall issue a new Certificate of Qualification for Training Activities on Occupational Safety and Health, not extending the validity period of the previously issued Certificate of Qualification for Training Activities on Occupational Safety and Health.

d) The Certificate of Qualification for Training Services issued with a training certificate according to Circular No. 27/2013/TT-BLDTBXH is equivalent to a Certificate of Qualification for Training Activities Category C according to Decree No. 140/2018/NĐ-CP; the Certificate of Qualification for Training Services issued with a training certificate according to Circular No. 27/2013/TT-BLDTBXH is equivalent to a Certificate of Qualification for Training Activities Category B according to Decree No. 140/2018/NĐ-CP.

đ) In case a training organization requests to change, supplement, or amend the scope of qualification for training activities on occupational safety and health but the information about the conditions for training activities does not change compared to the application for the Certificate of Qualification for Training Activities on Occupational Safety and Health already issued, the competent authority issuing the Certificate of Qualification for Training Activities on Occupational Safety and Health does not need to conduct an actual review at the training organization.

2. The Ministry of Labor - Invalids and Social Affairs shall accept applications, issue supplementary, amended certificates for meeting the conditions to conduct safety and labor hygiene training at Level B for training organizations established by ministries, central agencies, state corporations, and state holding companies under ministries, central agencies, and central bodies; accept applications, issue certificates for meeting the conditions to conduct safety and labor hygiene training at Level C for training organizations requesting changes, supplements, amendments to meet the conditions to upgrade from Level B to Level C; accept applications, issue supplementary, amended certificates for the scope of meeting the conditions to conduct safety and labor hygiene training at Level C.

3. The Department of Labor - Invalids and Social Affairs shall issue certificates for changes, supplements, amendments to meet the conditions to conduct safety and labor hygiene training at Level B for training organizations established by provincial-level authorities with their main offices located within the localities under their management.

4. The authority issuing the decision on granting certificates for meeting the conditions to conduct safety and labor hygiene training shall have the authority to revoke such certificates according to Article 31 of Decree No. 44/2016/ND-CP, amended by Clause 15 of Article 1 of Decree No. 140/2018/ND-CP.

Article 8. Responsibilities of Training Organizations

1. Arrange qualified trainers to participate in safety and labor hygiene training. Fully implement the framework training program prescribed in Appendix IV of Decree No. 44/2016/ND-CP, Section IV of Appendix I of Decree No. 140/2018/ND-CP. Fully implement the framework training program for safety and labor hygiene trainers as stipulated in Appendix I of this Circular.

2. Notify in writing or via email three days prior to the commencement date of each training course according to the framework program prescribed in Appendix IV of Decree No. 44/2016/ND-CP regarding the time and location of safety and labor hygiene training courses for personnel engaged in safety and labor hygiene work (Group 2) and personnel performing jobs with strict requirements for occupational safety (Group 3) to the Department of Labor - Invalids and Social Affairs of the locality where the training course is organized. Notify in writing or via email three days prior to the commencement date of each training course according to the framework program prescribed in Appendix I of this Circular regarding the time and location of safety and labor hygiene trainer training courses to the Occupational Safety and Health Inspection Agency.

3. Organize final examinations and assessments for each training course according to the prescribed program; cover all costs associated with final examinations and assessments for each training course.

4. Issue completion certificates for safety and labor hygiene trainer training courses according to the model in Appendix II, and participation certificates for periodic knowledge update training courses for safety and labor hygiene trainers according to the model in Appendix III of this Circular.

5. Retain all relevant files and documents related to safety and labor hygiene training and training activities in accordance with Clause 3 of Article 3 of this Circular for a period of ten years from the end of the training activity; present them when requested by competent state management authorities.

6. Enact internal regulations for managing and conducting examinations and assessments for safety and labor hygiene training and training courses without contravening laws.

Article 9. Responsibilities of the Department of Labor, Invalids, and Social Affairs

1. Conduct training, information dissemination, propaganda, guidance, inspection, supervision of the implementation of this Circular at the local level; organize supervision of safety and labor hygiene training activities at the local level.

2. Inform the Occupational Safety and Health Inspection Agency about administrative violations and other forms of handling according to the law on safety and labor hygiene training activities to promptly provide information on the Occupational Safety and Health Inspection Agency's website.

3. Guide and organize the implementation of support activities for training workers not employed under labor contracts as stipulated in Clause 3 of Article 2 of the Law on Safety and Labor Hygiene, Article 32 of Decree No. 44/2016/ND-CP, and Clause 16 of Article 1 of Decree No. 140/2018/ND-CP.

4. Provide information on safety and labor hygiene training organizations that have submitted applications to the Department of Labor - Invalids and Social Affairs on the Department of Labor - Invalids and Social Affairs' website. Develop and promulgate internal procedures for processing new, extended, supplementary, replacement, exchange, and revocation of certificates for meeting the conditions to conduct safety and labor hygiene training at Level B within the jurisdiction of the Department of Labor - Invalids and Social Affairs.

5. Summarize and report to the Ministry of Labor - Invalids and Social Affairs (through the Occupational Safety and Health Inspection Agency) on safety and labor hygiene training activities in the region periodically and upon request.

Article 10. Responsibilities of the Occupational Safety and Health Inspection Department

1. Organize training, disseminate information, inspect, examine, and supervise the activities of occupational safety and health training; send representatives to participate in examination boards and oversee examination activities for courses training occupational safety and health instructors.

2. Inspect, examine, and supervise localities regarding support activities for laborers' training in areas without labor contracts.

3. Provide information on occupational safety and health training organizations that the Occupational Safety and Health Inspection Department receives applications from on its electronic information website. Develop and submit to the Ministry for issuance of internal procedures for handling administrative procedures for issuing new, extending, supplementing, reissuing, exchanging, and revoking Certificates of Qualification for Category C and Category B training when within the Ministry of Labor, Invalids and Social Affairs's jurisdiction. Issue internal procedures of the Occupational Safety and Health Inspection Department for handling administrative procedures for issuing new, extending, supplementing, reissuing, exchanging, and revoking Certificates of Qualification for Category C and Category B training when authorized.

4. Timely provide information about the implementation of laws, inspection, examination, and handling of violations of laws related to occupational safety and health training on the Occupational Safety and Health Inspection Department’s electronic information website.

Article 11. Transitional Provisions

Persons who have participated in instructor training courses and occupational safety and health training courses according to the provisions of the law before this Circular takes effect shall not be required to participate in a training course to obtain a certificate of completion of occupational safety and health training instructor courses as stipulated in Articles 5 and 6 of this Circular.

Article 12. Effective Date

1. This Circular takes effect from February 11, 2019.

2. Circular No. 19/2017/TT-BLDTBXH dated July 3, 2017 detailing and guiding the implementation of occupational safety and health training activities ceases to be effective from the date this Circular takes effect.

3. 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./.