Circular No. 36/2019/TT-BLDTBXH promulgates the List of machines, equipment, materials, and substances with strict requirements for occupational safety and health.

CIRCULAR

Issuing the List of Machinery, Equipment, Materials, and Substances with Strict Requirements for Occupational Safety and Health
strictly regarding occupational safety and health

Pursuant to the Law on Occupational Safety and Health No. 84/2015/QH13 dated June 25, 2015: number Law No. 84/2015/QH13 dated June 25, 2015:

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

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;

At the proposal of the Director of the Occupational Safety and Health Inspectorate;

The Minister of Labor, War Invalids and Social Affairs issues this Circular on the issuance of the List of Machinery, Equipment, Materials, and Substances with Strict Requirements for Occupational Safety and Health.

Article 1. The List of Machinery, Equipment, Materials, and Substances with Strict Requirements for Occupational Safety and Health

Attached to this Circular is the List of Machinery, Equipment, Materials, and Substances with Strict Requirements for Occupational Safety and Health.

Article 2. Implementation

1. Based on the socio-economic development situation and management requirements, the relevant ministries shall propose amendments and supplements to the List in accordance with Article 33 of the Law on Occupational Safety and Health when necessary, and submit written communications to the Ministry of Labor, War Invalids and Social Affairs, including the following contents:

a) The name of machinery, equipment, materials, and substances proposed for amendment and supplementation to the List, including both scientific names and trade names (if any);

b) An assessment of the necessity, feasibility, and impact of amending and supplementing the List with such machinery, equipment, materials, and substances (including draft inspection procedures if applicable).

2. The Department of Occupational Safety and Health under the Ministry of Labor, War Invalids and Social Affairs shall be responsible for compiling and reporting to the Ministry of Labor, War Invalids and Social Affairs the proposals for amending and supplementing the List of Machinery, Equipment, Materials, and Substances with Strict Requirements for Occupational Safety and Health from the relevant ministries as stipulated.

3. Provincial Departments of Labor, War Invalids and Social Affairs shall be responsible for coordinating with relevant agencies to disseminate and guide the implementation of this Circular to enterprises, agencies, organizations, cooperatives, households, and individuals using machinery, equipment, materials, and substances with strict requirements for occupational safety and health within their jurisdiction; they shall also compile and report annually to the Ministry of Labor, War Invalids and Social Affairs on the implementation of this Circular together with the annual report on occupational safety and health work within their jurisdiction.

Article 3. Effectiveness

1. This Circular takes effect from March 1, 2020.

2. The Circular No. 53/2016/TT-BLDTBXH dated December 28, 2016 of the Ministry of Labor, War Invalids and Social Affairs on the issuance of the List of Machinery, Equipment, Materials, and Substances with Strict Requirements for Occupational Safety and Health shall cease to be effective from the date this Circular takes effect.

3. During the implementation process, any difficulties should be promptly reported in writing to the Ministry of Labor, War Invalids and Social Affairs for consideration and resolution./.